Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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description: "Advisory Committee on Cemeteries and Memorials"
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title_number: 38
title_name: "VETERANS BENEFITS"
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chapter_name: "NATIONAL CEMETERIES AND MEMORIALS"
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# 38 U.S.C. § 2401 - Advisory Committee on Cemeteries and Memorials
## Text
There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memorials. The Secretary shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which the Secretary is responsible, and with respect to the selection of cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee shall make periodic reports and recommendations to the Secretary and to Congress.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 75, § 1001; amended Pub. L. 99576, title VII, § 701(53), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2401, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1001 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Pub. L. 99576 substituted “the Administrator” for “he” before “is responsible”.
Statutory Notes and Related Subsidiaries
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 1037 (in which a periodic report to Congress on the Advisory Committee on Cemeteries and Memorials is listed on page 145), see section 3003 of Pub. L. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
Termination of Advisory CommitteesAdvisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 1013 of Title 5, Government Organization and Employees.
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# 38 U.S.C. § 2402 - Persons eligible for interment in national cemeteries
## Text
(a) Under such regulations as the Secretary may prescribe and subject to the provisions of section 6105 of this title, the remains of the following persons may be buried in any open national cemetery under the control of the National Cemetery Administration:
(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, air, or space service).
(2) Any member of a Reserve component of the Armed Forces, any member of the Space Force, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while such member is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States.
(3) Any member of the Reserve Officers Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while such member is—
(A) attending an authorized training camp or on an authorized practice cruise;
(B) performing authorized travel to or from that camp or cruise; or
(C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is—
(i) attending that camp or on that cruise;
(ii) performing that travel; or
(iii) undergoing that hospitalization or treatment at the expense of the United States.
(4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, and whose last such service terminated honorably.
(5) The spouse, surviving spouse (which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage), minor child (which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution), and, in the discretion of the Secretary, unmarried adult child of any of the persons listed in paragraphs (1) through (4) and paragraph (7), and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouses or childs death if such death occurs before September 30, 2032.
(6) Such other persons or classes of persons as may be designated by the Secretary.
(7) Any person who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.
(8) Any individual whose service is described in subsection (a) or (b) of section 107 of this title if such individual at the time of death—
(A) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and
(B) resided in the United States.
(9) (A) The parent of a person described in subparagraph (B), if the Secretary determines that there is available space at the gravesite where the person described in subparagraph (B) is interred.
(B) A person described in this subparagraph is a person described in paragraph (1) who—
(i) is a hostile casualty or died from a training-related injury;
(ii) is interred in a national cemetery; and
(iii) at the time of the persons parents death, did not have a spouse, surviving spouse, or child who is buried or who, upon death, may be eligible for burial in a national cemetery pursuant to paragraph (5).
(10) Any individual—
(A) who—
(i) was naturalized pursuant to section 2(1) of the Hmong Veterans Naturalization Act of 2000 (Public Law 106207; 8 U.S.C. 1423 note); and
(ii) at the time of the individuals death resided in the United States; or
(B) who—
(i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and
(ii) at the time of the individuals death—
(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and
(II) resided in the United States.
(b) For purposes of subsection (a)(9) of this section:
(1) The term “parent” means a biological father or a biological mother or, in the case of adoption, a father through adoption or a mother through adoption.
(2) The term “hostile casualty” means a person who, as a member of the Armed Forces, dies as the direct result of hostile action with the enemy, while in combat, while going to or returning from a combat mission if the cause of death was directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat, and includes a person killed mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force, but does not include a person who dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the person was in an absent-without-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a place of duty.
(3) The term “training-related injury” means an injury incurred by a member of the Armed Forces while performing authorized training activities in preparation for a combat mission.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 75, § 1002; amended Pub. L. 99576, title VII, § 701(54), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 2402, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103240, § 1, May 4, 1994, 108 Stat. 609; Pub. L. 103446, title VIII, §§ 801, 802, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 104275, title II, § 211, Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105368, title IV, § 403(c)(5), Nov. 11, 1998, 112 Stat. 3338; Pub. L. 106419, title III, § 331(a), title IV, § 404(a)(5), Nov. 1, 2000, 114 Stat. 1856, 1865; Pub. L. 108183, title II, § 212(b), title V, § 502(a), Dec. 16, 2003, 117 Stat. 2658, 2667; Pub. L. 111275, title V, § 502(b), Oct. 13, 2010, 124 Stat. 2882; Pub. L. 115141, div. J, title II, § 251(a), Mar. 23, 2018, 132 Stat. 824; Pub. L. 115407, title II, § 202(b), Dec. 31, 2018, 132 Stat. 5373; Pub. L. 116283, div. A, title IX, § 926(a)(39), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 11781, div. F, title LXVI, § 6601(a), Dec. 27, 2021, 135 Stat. 2437; Pub. L. 11831, div. A, title XVII, § 1723(b), Dec. 22, 2023, 137 Stat. 674; Pub. L. 11883, div. B, title III, § 312, Sept. 26, 2024, 138 Stat. 1540; Pub. L. 118271, § 3, Jan. 4, 2025, 138 Stat. 2991.)
## Notes
Editorial Notes
References in TextSection 2(1) of the Hmong Veterans Naturalization Act of 2000, referred to in subsec. (a)(10)(A)(i), is section 2(1) of Pub. L. 106207, May 26, 2000, 114 Stat. 316, which is set out as a note under section 1423 of Title 8, Aliens and Nationality.
Amendments2025—Subsec. (a)(5). Pub. L. 118271 substituted “September 30, 2032” for “September 30, 2025”. 2024—Subsec. (a)(5). Pub. L. 11883 substituted “September 30, 2025” for “October 1, 2024”. 2023—Subsec. (a)(2). Pub. L. 11831 inserted “any member of the Space Force,” after “a Reserve component of the Armed Forces,”. 2021—Subsec. (a)(1). Pub. L. 116283 substituted “air, or space service” for “or air service”. Subsec. (a)(10)(B). Pub. L. 11781 added subpar. (B). 2018—Subsec. (a)(5). Pub. L. 115407 inserted “, and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouses or childs death if such death occurs before October 1, 2024” after “paragraph (7)”. Subsec. (a)(10). Pub. L. 115141 added par. (10). 2010—Pub. L. 111275 designated existing provisions as subsec. (a), realigned margins, added par. (9) of subsec. (a), and added subsec. (b). 2003—Par. (5). Pub. L. 108183, § 502(a), substituted “(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)” for “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)”. Par. (8). Pub. L. 108183, § 212(b), substituted “subsection (a) or (b) of section 107” for “section 107(a)”. 2000—Par. (7). Pub. L. 106419, § 404(a)(5), substituted “chapter 1223 of title 10” for “chapter 67 of title 10”. Par. (8). Pub. L. 106419, § 331(a), added par. (8). 1998—Pub. L. 105368 substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System” in introductory provisions. 1996—Par. (5). Pub. L. 104275 inserted “(which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution)” after “minor child”. 1994—Par. (5). Pub. L. 103446 inserted “spouse,” after “The” and “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)” after “surviving spouse”. Pub. L. 103240, § 1(b), inserted “and paragraph (7)” after “paragraphs (1) through (4)”. Par. (7). Pub. L. 103240, § 1(a), added par. (7). 1991—Pub. L. 10283 renumbered section 1002 of this title as this section. Pub. L. 10240 substituted “6105” for “3505” in introductory provisions. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Pars. (2), (3). Pub. L. 99576, § 701(54)(A), substituted “while such member” for “while he” wherever appearing. Par. (5). Pub. L. 99576, § 701(54)(B), struck out “wife, husband,” before “surviving spouse”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentPub. L. 11781, div. F, title LXVI, § 6601(b), Dec. 27, 2021, 135 Stat. 2438, provided that: “The amendments made by this section [amending this section] shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115141; 132 Stat. 824).”
Effective Date of 2018 AmendmentPub. L. 115141, div. J, title II, § 251(b), Mar. 23, 2018, 132 Stat. 825, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to an individual dying on or after the date of the enactment of this Act [Mar. 23, 2018].”
Effective Date of 2010 AmendmentAmendment by Pub. L. 111275 applicable with respect to the death, on or after Oct. 13, 2010, of the parent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Pub. L. 111275, set out as a note under section 107 of this title.
Effective Date of 2003 AmendmentAmendment by section 212(b) of Pub. L. 108183 applicable with respect to deaths occurring on or after Dec. 16, 2003, see section 212(c) of Pub. L. 108183, set out as a note under section 107 of this title. Pub. L. 108183, title V, § 502(b), Dec. 16, 2003, 117 Stat. 2667, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to deaths occurring on or after January 1, 2000.”
Effective Date of 2000 AmendmentAmendment by section 331(a) of Pub. L. 106419 applicable with respect to deaths occurring on or after Nov. 1, 2000, see section 331(c) of Pub. L. 106419, set out as a note under section 107 of this title.
Criteria for Interment at Arlington National CemeteryPub. L. 115232, div. A, title V, § 598, Aug. 13, 2018, 132 Stat. 1791, provided that: “(a) Criteria.—The Secretary of the Army, in consultation with the Secretary of Defense, shall prescribe revised criteria for interment at Arlington National Cemetery that preserve Arlington National Cemetery as an active burial ground well into the future, as that term is used in the report submitted by the Secretary of the Army to the Committees on Veterans Affairs and the Committees on Armed Services of the House of Representatives and the Senate, dated February 14, 2017, and titled The Future of Arlington National Cemetery: Report on the Cemeterys Interment and Inurnment Capacity 2017. “(b) Deadline.—The Secretary of the Army shall establish the criteria under subsection (a) not later than September 30, 2019.”
Identification of Unclaimed or Abandoned Human RemainsPub. L. 112260, title I, § 104(a), Jan. 10, 2013, 126 Stat. 2420, provided that: “The Secretary of Veterans Affairs shall cooperate with veterans service organizations to assist entities in possession of unclaimed or abandoned human remains in determining if any such remains are the remains of veterans or other individuals eligible for burial in a national cemetery under the jurisdiction of the Secretary.”
Guidance RequiredPub. L. 111275, title V, § 502(c), Oct. 13, 2010, 124 Stat. 2882, provided that: “The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall develop guidance under which the parent of a person described in paragraph (9)(B) of subsection (a) of section 2402 of title 38, United States Code, as added by subsection (b), may be designated for interment in a national cemetery under that section.”
Eligibility of Former Prisoners of War for Burial in Arlington National CemeteryPub. L. 103160, div. A, title XI, § 1176, Nov. 30, 1993, 107 Stat. 1768, provided that: “(a) Eligibility for Burial.—Former prisoners of war described in subsection (b) are eligible for burial in Arlington National Cemetery, Arlington, Virginia. “(b) Eligible Former POWs.—A former prisoner of war referred to in subsection (a) is a former prisoner of war—“(1) who dies on or after the date of the enactment of this Act [Nov. 30, 1993]; and “(2) who, while a prisoner of war, served honorably in the active military, naval, or air service, as determined under regulations prescribed by the Secretary of the military department concerned. “(c) Savings Provision.—This section may not be construed to make ineligible for burial in Arlington National Cemetery a former prisoner of war who is eligible to be buried in that cemetery under another provision of law. “(d) Regulations.—This section shall be carried out under regulations prescribed by the Secretary of the Army. Those regulations may prescribe a minimum period of internment as a prisoner of war for purposes of eligibility under this section for burial in Arlington National Cemetery. “(e) Definitions.—For purposes of this section:“(1) The term former prisoner of war has the meaning given such term in section 101(32) of title 38, United States Code. “(2) The term active military, naval, or air service has the meaning given such term in section 101(24) of such title.”
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# 38 U.S.C. § 2403 - Memorial areas
## Text
(a) The Secretary shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces and veterans—
(1) who are missing in action;
(2) whose remains have not been recovered or identified;
(3) whose remains were buried at sea, whether by the members or veterans own choice or otherwise;
(4) whose remains were donated to science; or
(5) whose remains were cremated and the ashes scattered without interment of any portion of the ashes.
(b) Under regulations prescribed by the Secretary, group memorials may be placed to honor the memory of groups of individuals referred to in subsection (a), and appropriate memorial headstones and markers may be placed to honor the memory of individuals referred to in subsection (a) and section 2306(b) of this title.
(c) All national and other veterans cemeteries under the control of the National Cemetery Administration shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Secretary is hereby authorized to permit appropriate officials to fly the flag of the United States of America at such cemeteries twenty-four hours each day.
(d) (1) Subject to standards established by the Secretary, the Secretary shall permit the display of a Fallen Soldier Display in any national cemetery.
(2) In this subsection, the term “Fallen Soldier Display” means a memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 76, § 1003; amended Pub. L. 9766, title VI, § 603(b), Oct. 17, 1981, 95 Stat. 1034; Pub. L. 97295, § 4(34), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2403, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title IV, §§ 401(c), 403(c)(6), Nov. 11, 1998, 112 Stat. 3335, 3339; Pub. L. 116106, § 2, Jan. 7, 2020, 133 Stat. 3291.)
## Notes
Editorial Notes
References in TextFor cemeteries under the control of the National Cemetery Administration, referred to in subsec. (c), see section 2400(b) of this title.
Amendments2020—Subsec. (d). Pub. L. 116106 added subsec. (d). 1998—Subsec. (b). Pub. L. 105368, § 401(c), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Under regulations prescribed by the Secretary, appropriate memorials or markers shall be erected to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section.” Subsec. (c). Pub. L. 105368, § 403(c)(6), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System created by this chapter”. 1991—Pub. L. 10283 renumbered section 1003 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1982—Subsec. (c). Pub. L. 97295 substituted “chapter” for “Act” after “created by this”. 1981—Subsec. (a). Pub. L. 9766 substituted provisions relating to members of the Armed Forces and veterans, for provisions that related only to members of the Armed Forces, struck out provisions limiting the subsection to persons who died or were killed while serving in the Armed Forces, and inserted provisions relating to persons whose remains have not been recovered, whose remains were donated to science, or whose remains were cremated and the ashes scattered without interment of any portion of the ashes.
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 applicable with respect to veterans dying before, on, or after Oct. 17, 1981, see section 701(b)(6) of Pub. L. 9766, set out as a note under section 1114 of this title.
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# 38 U.S.C. § 2404 - Administration
## Text
(a) The Secretary is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries.
(b) In conjunction with the development and administration of cemeteries for which the Secretary is responsible, the Secretary shall provide all necessary facilities including, as necessary, superintendents lodges, chapels, crypts, mausoleums, and columbaria.
(c) (1) Subject to paragraph (2), each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Secretary shall by regulation prescribe.
(2) The grave markers referred to in paragraph (1) shall be upright for interments that occur on or after January 1, 1987, except that—
(A) in the case of any cemetery scheduled to be closed by September 30, 1991, as indicated in the documents submitted by the Administrator of Veterans Affairs to the Congress in justification for the amounts included for Veterans Administration programs in the Presidents Budget for fiscal year 1987, the Secretary may provide for flat grave markers;
(B) in the case of any cemetery with a section which has flat markers on October 28, 1986, the Secretary may continue to provide for flat grave markers in such section;
(C) in the case of any cemetery located on the grounds of or adjacent to a Department health-care facility, the Secretary may provide for flat grave markers;
(D) in the case of grave sites of cremated remains that are interred in the ground, the Secretary may provide for flat grave markers.11 So in original. The period probably should be a semicolon.
(E) in the case of grave sites in a green burial section designated under subsection (i), the Secretary may provide for grave markers of such type as the Secretary considers appropriate; and
(F) in the case of Santa Fe National Cemetery, New Mexico, the Secretary may provide for flat grave markers in any section of such cemetery in which flat markers were in use on December 22, 2023.
(d) There shall be kept in each national cemetery, and at the main office of the Department, a register of burials in each cemetery setting forth the name of each person buried in the cemetery, the number of the grave in which the veteran is buried, and such other information as the Secretary by regulation may prescribe.
(e) In carrying out the Secretarys responsibilities under this chapter, the Secretary may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under the Secretarys jurisdiction as the Secretary shall choose, under such terms and conditions as the Secretary may prescribe.
(f) (1) The Secretary is authorized to convey to any State, or political subdivision thereof, in which any national cemetery is located, all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if, prior to the delivery of any instrument of conveyance, the State or political subdivision to which such conveyance is to be made notifies the Secretary in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and delivery of such a conveyance, the jurisdiction of the United States over the road conveyed shall cease and thereafter vest in the State or political subdivision concerned.
(2) The Secretary may, to the extent of appropriated funds available for such purpose, make a contribution to local authorities for the construction of road improvements or traffic controls or other devices on land adjacent to a national cemetery if the Secretary determines that such a contribution is essential to ensure safe ingress to or egress from the cemetery.
(g) Notwithstanding any other provision of law, the Secretary may at such time as the Secretary deems desirable, relinquish to the State in which any cemetery, monument, or memorial under the Secretarys jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of jurisdiction under the authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe.
(h) (1) With respect to the interment or funeral, memorial service, or ceremony of a deceased veteran at a national cemetery, the Secretary shall ensure that—
(A) the expressed wishes of the next of kin or other agent of the deceased veteran are respected and given appropriate deference when evaluating whether the proposed interment or funeral, memorial service, or ceremony affects the safety and security of the national cemetery and visitors to the cemetery;
(B) to the extent possible, all appropriate public areas of the cemetery, including committal shelters, chapels, and benches, may be used by the family of the deceased veteran for contemplation, prayer, mourning, or reflection; and
(C) during such interment or funeral, memorial service, or ceremony, the family of the deceased veteran may display any religious or other symbols chosen by the family.
(2) Subject to regulations prescribed by the Secretary under paragraph (4), including such regulations ensuring the security of a national cemetery, the Secretary shall, to the maximum extent practicable, provide to any military or volunteer veterans honor guard, including such guards belonging to a veterans service organization or other nongovernmental group that provides services to veterans, access to public areas of a national cemetery if such access is requested by the next of kin or other agent of a deceased veteran whose interment or funeral, memorial service, or ceremony is being held in such cemetery.
(3) With respect to the interment or funeral, memorial service, or ceremony of a deceased veteran at a national cemetery, the Secretary shall notify the next of kin or other agent of the deceased veteran of funeral honors available to the deceased veteran, including such honors provided by any military or volunteer veterans honor guard described in paragraph (2).
(4) The Secretary shall prescribe regulations to carry out this subsection.
(i) (1) The Secretary may designate one or more sections in any national cemetery as green burial sections.
(2) In this subsection, the term “green burial section” means a section of a cemetery in which the remains of individuals interred in that section—
(A) have been prepared for interment in a manner that does not involve chemicals or embalming fluids; and
(B) have been interred in a natural manner or in completely biodegradable burial receptacles.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 76, § 1004; amended Pub. L. 99576, title IV, § 411, title VII, § 701(55), Oct. 28, 1986, 100 Stat. 3283, 3295; Pub. L. 100322, title III, §§ 341(a), 342, May 20, 1988, 102 Stat. 539, 540; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10254, § 14(b)(21), June 13, 1991, 105 Stat. 284; renumbered § 2404 and amended Pub. L. 10283, §§ 4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 112260, title I, § 102(a), Jan. 10, 2013, 126 Stat. 2418; Pub. L. 117355, § 3, Jan. 5, 2023, 136 Stat. 6278; Pub. L. 11883, div. B, title III, § 313, Sept. 26, 2024, 138 Stat. 1540.)
## Notes
Editorial Notes
Amendments2024—Subsec. (c)(2)(F). Pub. L. 11883 added subpar. (F). 2023—Subsec. (c)(2)(E). Pub. L. 117355, § 3(1), added subpar. (E). Subsec. (i). Pub. L. 117355, § 3(2), added subsec. (i). 2013—Subsec. (h). Pub. L. 112260 added subsec. (h). 1991—Pub. L. 10283, § 5(a), renumbered section 1004 of this title as this section. Subsec. (c)(2)(A). Pub. L. 10283, § 4(b)(7), substituted “Administrator of Veterans Affairs” for “Secretary”. Subsec. (c)(2)(B). Pub. L. 10254 substituted “October 28, 1986” for “the date of the enactment of the Veterans Benefits Improvement and Health-Care Authorization Act of 1986”. Subsec. (c)(2)(C). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (d). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. 1989—Pub. L. 101237 substituted “Secretary” and “Secretarys” for “Administrator” and “Administrators”, respectively, wherever appearing. 1988—Subsec. (c)(2)(C), (D). Pub. L. 100322, § 341(a), added subpars. (C) and (D). Subsec. (f). Pub. L. 100322, § 342, designated existing provisions as par. (1) and added par. (2). 1986—Subsec. (b). Pub. L. 99576, § 701(55)(B), substituted “the Administrator” for “he” before “is responsible”. Subsec. (c). Pub. L. 99576, § 411, designated existing provisions as par. (1), substituted “Subject to paragraph (2), each” for “Each”, and added par. (2). Subsec. (d). Pub. L. 99576, § 701(55)(A), substituted “the veteran” for “he”. Subsecs. (e), (g). Pub. L. 99576, § 701(55)(B), (C), substituted “the Administrator” and “the Administrators” for “he” and “his”, respectively, wherever appearing.
Statutory Notes and Related Subsidiaries
Transfer of Functions Pub. L. 9343, § 6, June 18, 1973, 87 Stat. 81, provided that: “[Jurisdiction] (a)(1) There are hereby transferred from the Secretary of the Army to the Administrator of Veterans Affairs all jurisdiction over, and responsibility for, (A) all national cemeteries (except the cemetery at the United States Soldiers and Airmens Home and Arlington National Cemetery), and (B) any other cemetery (including burial plots), memorial, or monument under the jurisdiction of the Secretary of the Army immediately preceding the effective date of this section [see note hereunder] (except the cemetery located at the United States Military Academy at West Point) which the President determines would be appropriate in carrying out the purposes of this Act [see Tables for classification]. “(2) There are hereby transferred from the Secretary of the Navy and the Secretary of the Air Force to the Administrator of Veterans Affairs all jurisdiction over, and responsibility for, any cemetery (including burial plots), memorial, or monument under the jurisdiction of either Secretary immediately preceding the effective date of this section [see note hereunder] (except those cemeteries located at the United States Naval Academy at Annapolis, the United States Naval Home Cemetery at Philadelphia, and the United States Air Force Academy at Colorado Springs) which the President determines would be appropriate in carrying out the purposes of this Act [see Tables for classification].“[Personnel; property; records; and funds] (b) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available to, or under the jurisdiction of, the Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force, in connection with functions transferred by this Act, as determined by the Director of the Office of Management and Budget, are transferred to the Administrator of Veterans Affairs. “[Savings provision; offenses, penalties and forfeitures] (c) All offenses committed and all penalties an forfeitures incurred under any of the provisions of law amended or repealed by this Act may be prosecuted and punished in the same manner and with the same effect as if such amendments or repeals had not been made. “[Same; rules; regulations, permits, and other privileges] (d) All rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force with respect to the cemeteries, memorials, and monuments transferred to the Veterans Administration by this Act, unless contrary to the provisions of such Act, shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator of Veterans Affairs, by any court of competent jurisdiction, or by operation of law. “[Abatement of proceedings; proceedings against United States or officer of Veterans Administration; judicial orders; continuation of suits by Administrator] (e) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an official of the Department of the Army, the Department of the Navy, or the Department of the Air Force with respect to functions transferred under subsection (a) or (c) of this section shall abate by reason of the enactment of this section. No cause of action by or against any such department with respect to functions transferred under such subsection (a) or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this section. Causes of actions, suits, or other proceedings may be asserted by or against the United States or such officer of the Veterans Administration as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, upon its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. If before the date this section takes effect [see note hereunder], any such department, or officer thereof in his official capacity, is a party to a suit with respect to any function so transferred, such suit shall be continued by the Administrator of Veterans Affairs.” [Section 6 of Pub. L. 9343 effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 9343, set out as an Effective Date note under section 2306 of this title.] [The United States Soldiers and Airmens Home and the United States Naval Home were incorporated into the Armed Forces Retirement Home by section 411 of Title 24, Hospitals and Asylums.]
Interim Implementation of 2013 AmendmentPub. L. 112260, title I, § 102(b), Jan. 10, 2013, 126 Stat. 2419, provided that: “The Secretary may carry out paragraphs (1) through (3) of section 2404(h) of such title [38 U.S.C. 2404(h)], as added by subsection (a), before the Secretary prescribes regulations pursuant to paragraph (4) of such section, as so added.”
Use of Flat Grave Markers at Santa Fe National Cemetery, New MexicoPub. L. 106117, title VI, § 612, Nov. 30, 1999, 113 Stat. 1580, authorized the Secretary of Veterans Affairs to provide for flat grave markers at the Santa Fe National Cemetery, New Mexico, prior to repeal by Pub. L. 11831, div. E, title L, § 5002(a), Dec. 22, 2023, 137 Stat. 931.
Independent Study on Improvements to Veterans CemeteriesPub. L. 106117, title VI, § 613, Nov. 30, 1999, 113 Stat. 1581, provided that: “(a) Study.—Not later than 180 days after the date of the enactment of this Act [Nov. 30, 1999], the Secretary [of Veterans Affairs] shall enter into a contract with one or more qualified organizations to conduct a study of national cemeteries described in subsection (b). For purposes of this section, an entity of Federal, State, or local government is not a qualified organization. “(b) Matters Studied.—(1) The study conducted pursuant to the contract entered into under subsection (a) shall include an assessment of each of the following:“(A) The one-time repairs required at each national cemetery under the jurisdiction of the National Cemetery Administration of the Department of Veterans Affairs to ensure a dignified and respectful setting appropriate to such cemetery, taking into account the variety of age, climate, and burial options at individual national cemeteries. “(B) The feasibility of making standards of appearance of active national cemeteries, and the feasibility of making standards of appearance of closed national cemeteries, commensurate with standards of appearance of the finest cemeteries in the world. “(C) The number of additional national cemeteries that will be required for the interment and memorialization in such cemeteries of individuals qualified under chapter 24 of title 38, United States Code, who die after 2005. “(D) The advantages and disadvantages of the use by the National Cemetery Administration of flat grave markers and upright grave markers. “(E) The current condition of flat grave marker sections at each of the national cemeteries. “(2) In presenting the assessment of additional national cemeteries required under paragraph (1)(C), the report shall identify by five-year period, beginning with 2005 and ending with 2020, the following:“(A) The number of additional national cemeteries required during each such five-year period. “(B) With respect to each such five-year period, the areas in the United States with the greatest concentration of veterans whose needs are not served by national cemeteries or State veterans cemeteries. “(c) Report.—(1) Not later than one year after the date on which a qualified organization enters into a contract under subsection (a), the organization shall submit to the Secretary a report setting forth the results of the study conducted and conclusions of the organization with respect to such results. “(2) Not later than 120 days after the date on which a report is submitted under paragraph (1), the Secretary shall transmit to the Committees on Veterans Affairs of the House of Representatives and the Senate a copy of the report, together with any comments on the report that the Secretary considers appropriate.”
Grave Markers in Certain LocationsPub. L. 103446, title VIII, § 804, Nov. 2, 1994, 108 Stat. 4675, provided that: “Notwithstanding section 2404(c)(2) of title 38, United States Code, the Secretary of Veterans Affairs may provide for flat grave markers at the Willamette National Cemetery, Oregon.” Pub. L. 10254, § 11, June 13, 1991, 105 Stat. 273, as amended by Pub. L. 10283, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: “Notwithstanding section 2404(c)(2) of title 38, United States Code, the Secretary may provide for flat grave markers in that section of the Florida National Cemetery in which preplaced grave liners were installed before July 30, 1988.” Pub. L. 100322, title III, § 341(b), May 20, 1988, 102 Stat. 539, as amended by Pub. L. 10283, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: “Notwithstanding section 2404(c)(2) of title 38, United States Code, the Administrator may provide for flat grave markers in the cases of the national cemeteries in Riverside, California; Bourne, Massachusetts; Augusta, Michigan; and Indiantown Gap, Pennsylvania; and the proposed national cemetery approved by the Administrator, as of July 31, 1987, for Northern California.”
Functions, Powers, and Duties of Secretaries UnaffectedRepeal of sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, and enactment of provisions set out as notes under sections 271 to 276 of Title 24 without effect upon functions, powers, and duties of secretaries of the military departments with respect to cemeteries, memorials, or monuments under the jurisdiction of the secretary concerned to which the transfer provisions of section 6(a) of Pub. L. 9343, set out as a note above, do not apply, see section 7(b) of Pub. L. 9343, set out as a note under sections 271 to 276 of Title 24.
Studies; Recommendations to CongressPub. L. 9343, § 3, June 18, 1973, 87 Stat. 78, authorized the Administrator to conduct a comprehensive study concerning the criteria governing the development and operation of the National Cemetery System, including the concept of regional cemeteries, the relationship of the National Cemetery System to other burial benefits provided by Federal and State Governments to servicemen and veterans, steps taken to conform the existing system to the recommended criteria, private burial and funeral costs in the United States, current headstone and marker programs, and the marketing and sales practices of non-Federal cemeteries and interment facilities, and to submit his recommendations within twelve months after the convening of the first session of the Ninety-third Congress and also authorized the Administrator, in conjunction with the Secretary of Defense, to conduct a comprehensive study concerning the advisability of including Arlington National Cemetery within the National Cemetery System, the appropriateness of maintaining the present eligibility requirements for burial at Arlington National Cemetery and the advisability of establishing another national cemetery, and to submit the results of their joint recommendations within twelve months after the convening of the first session of the Ninety-third Congress.
@@ -0,0 +1,45 @@
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# 38 U.S.C. § 2405 - Disposition of inactive cemeteries
## Text
(a) The Secretary may transfer, with the consent of the agency concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretarys control to the Department of the Interior for maintenance as a national monument or park, or to any other agency of the Government. Any cemetery transferred to the Department of the Interior shall be administered by the Secretary of the Interior as a part of the National Park System, and funds appropriated to the Secretary of the Interior for such system shall be available for the management and operation of such cemetery.
(b) The Secretary may also transfer and convey all right, title, and interest of the United States in or to any inactive cemetery or burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Secretary, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States.
(c) If a cemetery not under the control of the National Cemetery Administration has been or is to be discontinued, the Secretary may provide for the removal of remains from that cemetery to any cemetery under the control of such Administration. The Secretary may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 77, § 1005; amended Pub. L. 99576, title VII, § 701(56), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101237, title III, § 313(b)(1), (4), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2405, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title IV, § 403(c)(7), Nov. 11, 1998, 112 Stat. 3339.)
## Notes
Editorial Notes
Amendments1998—Subsec. (c). Pub. L. 105368, in first sentence, substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System” and “under the control of such Administration” for “within such System”. 1991—Pub. L. 10283 renumbered section 1005 of this title as this section. 1989—Subsec. (a). Pub. L. 101237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”. Pub. L. 101237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer” and “Secretarys” for “Administrators”. Subsecs. (b), (c). Pub. L. 101237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing. 1986—Subsec. (a). Pub. L. 99576, § 701(56)(A), substituted “the Administrators” for “his”. Subsec. (c). Pub. L. 99576, § 701(56)(B), substituted “The Administrator” for “He”.
@@ -0,0 +1,51 @@
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# 38 U.S.C. § 2406 - Acquisition of lands
## Text
(a) In General.— As additional lands are needed for national cemeteries, they may be acquired by the Secretary by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best interest of the United States.
(b) Transfer of Department of the Interior Land for Use as a National Cemetery.— Notwithstanding section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)), if the Secretary and the Secretary of the Interior agree to a transfer under subsection (a) of any land for use by the Department as a national cemetery, the land shall be—
(1) withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws;
(2) subject to valid existing rights;
(3) transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; and
(4) deemed to be property (as defined in section 102(9) of title 40) for as long as the land remains under the administrative jurisdiction of the Secretary of Veterans Affairs.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 78, § 1006; amended Pub. L. 99576, title VII, § 701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2406, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108454, title VI, § 603, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 117355, § 5, Jan. 5, 2023, 136 Stat. 6279.)
## Notes
Editorial Notes
Amendments2023—Pub. L. 117355 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2004—Pub. L. 108—454 inserted “exchange,” after “agencies,”. 1991—Pub. L. 10283 renumbered section 1006 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Pub. L. 99576 substituted “the Administrator” for “he”.
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# 38 U.S.C. § 2407 - Authority to accept and maintain suitable memorials
## Text
Subject to such restrictions as the Secretary may prescribe, the Secretary may accept gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery. The Secretary may make land available for this purpose, and may furnish such care and maintenance as the Secretary deems necessary.
(Added Pub. L. 9343, § 2(a), June 18, 1973, 87 Stat. 78, § 1007; amended Pub. L. 99576, title VII, § 701(58), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2407, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1007 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Pub. L. 99576 substituted “the Administrator” for “he” in two places and “The Administrator” for “He”.
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# 38 U.S.C. § 2409 - Memorial areas in Arlington National Cemetery
## Text
(a) The Secretary of the Army may set aside, when available, a suitable area or areas in Arlington National Cemetery, Virginia, to honor the memory of members of the Armed Forces and veterans—
(1) who are missing in action;
(2) whose remains have not been recovered or identified;
(3) whose remains were buried at sea, whether by the members or veterans own choice or otherwise;
(4) whose remains were donated to science; or
(5) whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes.
(b) (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 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 nongovernmental 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 and the Advisory Committee on Arlington National Cemetery 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 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 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.
(Added Pub. L. 99576, title IV, § 413(a), Oct. 28, 1986, 100 Stat. 3284, § 1009; amended Pub. L. 101237, title III, § 313(b)(5), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2409, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112154, title VI, § 604, Aug. 6, 2012, 126 Stat. 1201.)
## Notes
Editorial Notes
Amendments2012—Subsec. (b). Pub. L. 112154 designated existing provisions as par. (1), inserted “and subject to paragraph (2)” after “Secretary of the Army”, and added pars. (2) to (4). 1991—Pub. L. 10283 renumbered section 1009 of this title as this section. 1989—Subsec. (b). Pub. L. 101237 inserted “of the Army” after “Secretary”.
Statutory Notes and Related Subsidiaries
Updates and Preservation of Memorials to Chaplains at Arlington National CemeteryPub. L. 11960, div. A, title X, § 1092, Dec. 18, 2025, 139 Stat. 1064, provided that: “(a) Updates and Preservation of Memorials.—“(1) Protestant chaplains memorial.—The Secretary of the Army shall permit NCMAF—“(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial; “(B) to provide an updated bronze plaque that includes the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed and before the date of the enactment of this Act [Dec. 18, 2025]; and “(C) to make such other updates and corrections to the memorial that the Secretary determines necessary. “(2) Catholic chaplain memorials.—The Secretary of the Army shall permit NCMAF—“(A) to update the Catholic chaplains memorial to include the name of each chaplain, verified under subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed and before the date of the enactment of this Act; and “(B) to make such other updates and corrections to the memorial that the Secretary determines necessary. “(3) Jewish chaplain memorials.—The Secretary of the Army shall permit NCMAF to update and make corrections to the Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. “(4) No cost to federal government.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. “(b) Verification of Names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force, or the Chaplain of the United States Marine Corps, depending on the Armed Force in which the chaplain served. “(c) Prohibition on Expansion of Memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill on the date of the enactment of this Act. “(d) Definitions.—In this section:“(1) The term Chaplains Hill means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill. “(2) The term NCMAF means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.” Similar provisions were contained in the following prior act: Pub. L. 11781, div. A, title V, § 584, Dec. 27, 2021, 135 Stat. 1758, as amended by Pub. L. 117263, div. A, title V, § 593, Dec. 23, 2022, 136 Stat. 2612.
Transfer to the Secretary of the Army and Management of Parcel of Federal Land in Arlington, VirginiaPub. L. 11692, div. B, title XXVIII, § 2834(a), Dec. 20, 2019, 133 Stat. 1893, provided that: “(1) Transfer.—Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army. “(2) Description of land.—The parcel of Federal land referred to in paragraph (1) is the approximately 16.09-acre parcel of land in Arlington, Virginia, as depicted on the map entitled Arlington National Cemetery, Memorial AveNPS Parcel and dated February 11, 2019.” Pub. L. 11692, div. B, title XXVIII, § 2834(e)(3)(A), Dec. 20, 2019, 133 Stat. 1893, provided that: “The parcel of Federal land transferred to the Secretary of the Army by subsection (a)(1) [set out above] shall be administered by the Secretary of the Army— “(i) as part of Arlington National Cemetery; and “(ii) in accordance with applicable law, including—“(I) regulations; and “(II) section 2409 of title 38, United States Code.”
Construction of Memorial to the Crew of the Apollo I Launch Test Accident at Arlington National CemeteryPub. L. 11591, div. A, title X, § 1087, Dec. 12, 2017, 131 Stat. 1604, provided that: “Subject to applicable requirements of section 2409(b)(2)(E) of title 38, United States Code, the Secretary of the Army, in consultation with the Administrator of the National Aeronautics and Space Administration, the Commission of Fine Arts, and the Advisory Committee on Arlington National Cemetery, shall authorize the construction, at an appropriate place in Arlington National Cemetery, Virginia, of a memorial marker honoring the three members of the crew of the Apollo I who died during a launch rehearsal test on January 27, 1967, in Cape Canaveral, Florida. The memorial may not be constructed in a location that is otherwise suitable as an interment site.”
Columbia Orbiter MemorialPub. L. 10811, title III, Apr. 16, 2003, 117 Stat. 603, provided that: “SEC. 301. SHORT TITLE.“This title may be cited as the Columbia Orbiter Memorial Act. “SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON NATIONAL CEMETERY.“(a) Construction Required.—The Secretary of the Army shall, in consultation with the Administrator of the National Aeronautics and Space Administration, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS107. “(b) Availability of Funds.—Of the amount appropriated or otherwise made available by title II of the Department of Defense Appropriations Act, 2003 (Public Law 107248) under the heading Operation and Maintenance, Army [116 Stat. 1521], $500,000 shall be available for the construction of the memorial marker required by subsection (a). “SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.“(a) Authority To Accept Donations.—The Administrator of the National Aeronautics and Space Administration may accept gifts and donations of services, money, and property (including personal, tangible, or intangible property) for the purpose of an appropriate memorial or monument to the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS107, whether such memorial or monument is constructed by the Administrator or is the memorial marker required by section 302. “(b) Transfer.—(1) The Administrator may transfer to the Secretary of the Army any services, money, or property accepted by the Administrator under subsection (a) for the purpose of the construction of the memorial marker required by section 302. “(2) Any moneys transferred to the Secretary under paragraph (1) shall be merged with amounts in the account referred to in subsection (b) of section 302, and shall be available for the purpose referred to in that subsection. “(c) Expiration of Authority.—The authority of the Administrator to accept gifts and donations under subsection (a) shall expire 5 years after the date of the enactment of this Act [Apr. 16, 2003].”
Authorization of Placement of a Memorial in Arlington National Cemetery Honoring World War II Veterans Who Fought in the Battle of the BulgePub. L. 107330, title II, § 204, Dec. 6, 2002, 116 Stat. 2824, provided that: “The Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker honoring veterans who fought in the battle in the European theater of operations during World War II known as the Battle of the Bulge.”
@@ -0,0 +1,53 @@
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# 38 U.S.C. § 2410 - Burial of cremated remains in Arlington National Cemetery
## Text
(a) The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains.
(b) The Secretary of each military department shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a).
(c) (1) The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10.
(2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.
(Added Pub. L. 101237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended Pub. L. 10254, § 14(b)(22), June 13, 1991, 105 Stat. 284; renumbered § 2410, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114158, § 1(a), May 20, 2016, 130 Stat. 394.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114158, which was approved May 20, 2016.
Amendments2016—Subsec. (c). Pub. L. 114158 added subsec. (c). 1991—Pub. L. 10283 renumbered section 1010 of this title as this section. Subsec. (b). Pub. L. 10254 substituted “each military department” for “the military departments”.
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114158, § 1(b), May 20, 2016, 130 Stat. 394, provided that: “(1) In general.—The amendment made by subsection (a) [amending this section] shall apply with respect to—“(A) the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act [May 20, 2016]; and “(B) a person who dies on or after the date of the enactment of this Act. “(2) Formally interred or inurned defined.—In this subsection, the term formally interred or inurned means interred or inurned in a cemetery, crypt, mausoleum, columbarium, niche, or other similar formal location.”
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# 38 U.S.C. § 2410A - Arlington National Cemetery: other administrative matters
## Text
(a) One Gravesite.— (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 or inurnment at such cemetery.
(2) The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate.
(b) Prohibition Against Reservation of Gravesites.— (1) A gravesite at Arlington National Cemetery may not be reserved for an individual before the death of such individual.
(2) (A) The President may waive the prohibition in paragraph (1) as the President considers appropriate.
(B) Upon waiving the prohibition in paragraph (1), the President shall submit notice of such waiver to—
(i) the Committee on Veterans Affairs and the Committee on Armed Services of the Senate; and
(ii) the Committee on Veterans Affairs and the Committee on Armed Services of the House of Representatives.
(Added Pub. L. 112154, title VI, § 602(a), Aug. 6, 2012, 126 Stat. 1199.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 112154, title VI, § 602(c), Aug. 6, 2012, 126 Stat. 1200, provided that: “(1) In general.—Except as provided in paragraph (2), section 2410A of title 38, United States Code, 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 [Aug. 6, 2012]. “(2) Exception.—Subsection (b) of such section, as so added, shall not apply with respect to the interment of an individual for whom a request for a reserved gravesite was approved by the Secretary of the Army before January 1, 1962.”
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# 38 U.S.C. § 2411 - Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes
## Text
(a) (1) In the case of a person described in subsection (b), the appropriate Federal official may not—
(A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).
(2) In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime.
(b) A person referred to in subsection (a) is any of the following:
(1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).
(2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).
(3) A person who—
(A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but
(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(4) A person—
(A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); and
(B) who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and
(C) whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).
(5) A person who—
(A) is found (as provided in subsection (c)) to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); but
(B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(c) A finding under paragraph (3) or (5) of subsection (b) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official.
(d) (1) In a case described in subsection (e), the appropriate Federal official may reconsider a decision to—
(A) inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B) honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).
(2) (A) (i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased persons next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
(ii) In a case described in subsection (e)(1)(B), if 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, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), 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 prosecution, the appropriate Federal official shall provide notice to the deceased persons next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
(B) Notice under subparagraph (A) shall be provided 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.
(3) (A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the notice.
(B) (i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed under section 7105 of this title and shall initiate appellate review in accordance with the provisions of chapter 71 of this title.
(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 Defense shall prescribe for purposes of this subsection.
(4) When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph (3)(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 Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery.
(B) Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person.
(e) (1) A case described in this subsection is a case in which the appropriate Federal official receives—
(A) written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or
(B) information that a person described in paragraph (2) may have committed a Federal capital crime, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), 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.
(2) A person described in this paragraph is a person—
(A) whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B) whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery.
(f) For purposes of this section:
(1) The term “Federal capital crime” means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.
(2) The term “State capital crime” means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.
(3) The term “appropriate Federal official” means—
(A) the Secretary, in the case of the National Cemetery Administration; and
(B) the Secretary of the Army, in the case of Arlington National Cemetery.
(Added Pub. L. 105116, § 1(a), Nov. 21, 1997, 111 Stat. 2381; amended Pub. L. 105368, title IV, § 403(d)(1), Nov. 11, 1998, 112 Stat. 3339; Pub. L. 107330, title II, § 202, Dec. 6, 2002, 116 Stat. 2824; Pub. L. 109163, div. A, title VI, § 662(a), Jan. 6, 2006, 119 Stat. 3314; Pub. L. 112260, title I, § 105(a), (b), Jan. 10, 2013, 126 Stat. 2421; Pub. L. 11365, § 2(a), (b), Dec. 20, 2013, 127 Stat. 669, 671; Pub. L. 11458, title VI, § 601(14), Sept. 30, 2015, 129 Stat. 539; Pub. L. 117355, § 6(a), Jan. 5, 2023, 136 Stat. 6280.)
## Notes
Editorial Notes
References in TextThe Sex Offender Registration and Notification Act, referred to in subsecs. (b)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of Pub. L. 109248, July 27, 2006, 120 Stat. 590, which is classified principally to subchapter I (§ 20901 et seq.) of chapter 209 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see section 101 of Pub. L. 109248, set out as a Short Title of 2006 Act note under section 10101 of Title 34, and Tables.
Amendments2023—Pub. L. 117355, § 6(a)(1), substituted “certain Federal or State crimes” for “Federal or State capital crimes” in section catchline. Subsec. (b)(4)(A). Pub. L. 117355, § 6(a)(2)(A)(i), substituted “(34 U.S.C. 20901 et seq.); and” for “(42 U.S.C. 16901 et seq.);”. Subsec. (b)(4)(B). Pub. L. 117355, § 6(a)(2)(A)(ii), inserted “or to a period of 99 years or more” after “life imprisonment”. Subsec. (b)(5). Pub. L. 117355, § 6(a)(2)(B), added par. (5). Subsec. (c). Pub. L. 117355, § 6(a)(3), substituted “paragraph (3) or (5) of subsection (b)” for “subsection (b)(3)”. Subsec. (d)(2)(A)(ii). Pub. L. 117355, § 6(a)(4), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”. Subsec. (e)(1)(B). Pub. L. 117355, § 6(a)(5), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”. 2015—Subsec. (e)(1). Pub. L. 11458 substituted “Federal official” for “federal official” in introductory provisions. 2013—Subsec. (a)(2). Pub. L. 11365, § 2(b), struck out “such official approves an application for” after “received by the appropriate Federal official before”. Pub. L. 112260, § 105(b), substituted “, (b)(2), or (b)(4)” for “or (b)(2)” in two places and struck out “capital” before “crime” in two places. Subsec. (b)(4). Pub. L. 112260, § 105(a), added par. (4). Subsecs. (d) to (f). Pub. L. 11365, § 2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). 2006—Subsec. (b)(1). Pub. L. 109163, § 662(a)(1)(A), substituted “and whose conviction is final (other than a person whose sentence was commuted by the President)” for “for which the person was sentenced to death or life imprisonment”. Subsec. (b)(2). Pub. L. 109163, § 662(a)(1)(B), substituted “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)” for “for which the person was sentenced to death or life imprisonment without parole”. Subsec. (d)(1). Pub. L. 109163, § 662(a)(2)(A), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment may be imposed”. Subsec. (d)(2). Pub. L. 109163, § 662(a)(2)(B), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment without parole may be imposed”. 2002—Subsec. (a)(2). Pub. L. 107330 substituted “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition” for “The prohibition” and “referred to in subsection (b)(1) or (b)(2), as the case may be,” for “or finding under subsection (b)”. 1998—Pub. L. 105368, § 403(d)(1), substituted “Administration” for “System” in section catchline. Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105368, § 403(d)(1), substituted “Administration” for “System”.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 11365, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that: “The amendments made by this section [amending this section] 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 National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].” Pub. L. 112260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”
Effective Date of 2006 AmendmentAmendment by Pub. L. 109163 applicable with respect to funerals and burials that occur on or after Jan. 6, 2006, see section 662(e) of Pub. L. 109163, set out as a note under section 985 of Title 10, Armed Forces.
Effective DatePub. L. 105116, § 1(c), Nov. 21, 1997, 111 Stat. 2382, provided that: “Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act [Nov. 21, 1997].”
RegulationsPub. L. 109163, div. A, title VI, § 662(d)(1), Jan. 6, 2006, 119 Stat. 3315, provided that: “The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.”
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# 38 U.S.C. § 2412 - Lease of land and buildings
## Text
(a) Lease Authorized.— The Secretary may lease any undeveloped land and unused or underutilized buildings, or parts or parcels thereof, belonging to the United States and part of the National Cemetery Administration.
(b) Term.— The term of a lease under subsection (a) may not exceed 10 years.
(c) Lease to Public or Nonprofit Organizations.— (1) A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).11 See References in Text note below.
(2) Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration of the leased property by the lessee, as a part or all of the consideration for the lease.
(d) Notice.— Before entering into a lease under subsection (a), the Secretary shall give appropriate public notice of the intention of the Secretary to enter into the lease in a newspaper of general circulation in the community in which the lands or buildings concerned are located.
(e) National Cemetery Administration Facilities Operation Fund.— (1) There is established on the book of the Treasury an account to be known as the “National Cemetery Administration Facilities Operation Fund” (in this section referred to as the “Fund”).
(2) The Fund shall consist of the following:
(A) Proceeds from the lease of land or buildings under this section.
(B) Proceeds of agricultural licenses of lands of the National Cemetery Administration.
(C) Any other amounts appropriated to or otherwise authorized for deposit in the Fund by law.
(3) Amounts in the Fund shall be available to cover costs incurred by the National Cemetery Administration in the operation and maintenance of property of the Administration.
(4) Amounts in the Fund shall remain available until expended.
(Added Pub. L. 108454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)
## Notes
Editorial Notes
References in TextSection 3709 of the Revised Statutes, referred to in subsec. (c)(1), was classified to section 5 of former Title 41, Public Contracts, and was repealed and restated in section 6101 of Title 41, Public Contracts, by Pub. L. 111350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
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# 38 U.S.C. § 2413 - Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery
## Text
(a) Prohibition.— It shall be unlawful for any person—
(1) to carry out a demonstration on the property of a cemetery under the control of the National Cemetery Administration or on the property of Arlington National Cemetery unless the demonstration has been approved by the cemetery superintendent or the director of the property on which the cemetery is located; or
(2) with respect to such a cemetery, to engage in a demonstration during the period beginning 120 minutes before and ending 120 minutes after a funeral, memorial service, or ceremony is held, any part of which demonstration—
(A) (i) takes place within the boundaries of such cemetery or takes place within 300 feet of the point of the intersection between—
(I) the boundary of such cemetery; and
(II) a road, pathway, or other route of ingress to or egress from such cemetery; and
(ii) includes any individual willfully making or assisting in the making of any noise or diversion—
(I) that is not part of such funeral, memorial service, or ceremony and that disturbs or tends to disturb the peace or good order of such funeral, memorial service, or ceremony; and
(II) with the intent of disturbing the peace or good order of such funeral, memorial service, or ceremony; or
(B) (i) is within 500 feet of the boundary of such cemetery; and
(ii) includes any individual—
(I) willfully and without proper authorization impeding or tending to impede the access to or egress from such cemetery; and
(II) with the intent to impede the access to or egress from such cemetery.
(b) Penalty.— Any person who violates subsection (a) shall be fined under title 18 or imprisoned for not more than one year, or both.
(c) Civil Remedies.— (1) The district courts of the United States shall have jurisdiction—
(A) to prevent and restrain violations of this section; and
(B) for the adjudication of any claims for relief under this section.
(2) The Attorney General of the United States may institute proceedings under this section.
(3) Any person, including a surviving member of the deceased persons immediate family, who suffers injury as a result of conduct that violates this section may—
(A) sue therefor in any appropriate United States district court or in any court of competent jurisdiction; and
(B) recover damages as provided in subsection (d) and the cost of the suit, including reasonable attorneys fees.
(4) A final judgment or decree rendered in favor of the United States in any criminal proceeding brought by the United States under this section shall estop the defendant from denying the essential allegations of the criminal offense in any subsequent civil proceeding brought by a person or by the United States.
(d) Actual and Statutory Damages.— (1) In addition to any penalty imposed under subsection (b), a violator of this section is liable in an action under subsection (c) for actual or statutory damages as provided in this subsection.
(2) A person bringing an action under subsection (c)(3) may elect, at any time before final judgment is rendered, to recover the actual damages suffered by him or her as a result of the violation or, instead of actual damages, an award of statutory damages for each violation involved in the action.
(3) In any action brought under subsection (c)(2), the Attorney General is entitled to recover an award of statutory damages for each violation involved in the action notwithstanding any recovery under subsection (c)(3).
(4) A court may award, as the court considers just, statutory damages in a sum of not less than $25,000 or more than $50,000 per violation.
(e) Rebuttable Presumption.— It shall be a rebuttable presumption that the violation of subsection (a) was committed willfully for purposes of determining relief under this section if the violator, or a person acting in concert with the violator, did not have reasonable grounds to believe, either from the attention or publicity sought by the violator or other circumstance, that the conduct of such violator or person would not—
(1) disturb or tend to disturb the peace or good order of such funeral, memorial service, or ceremony; or
(2) impede or tend to impede the access to or egress from such funeral, memorial service, or ceremony.
(f) Definitions.— In this section—
(1) the term “demonstration” includes—
(A) any picketing or similar conduct;
(B) any oration, speech, use of sound amplification equipment or device, or similar conduct that is not part of a funeral, memorial service, or ceremony;
(C) the display of any placard, banner, flag, or similar device, unless such a display is part of a funeral, memorial service, or ceremony; and
(D) the distribution of any handbill, pamphlet, leaflet, or other written or printed matter other than a program distributed as part of a funeral, memorial service, or ceremony; and
(2) the term “immediate family” means, with respect to a person, the immediate family members of such person, as such term is defined in section 115 of title 18.
(Added Pub. L. 109228, § 2(a)(1), May 29, 2006, 120 Stat. 387; amended Pub. L. 112154, title VI, § 601(c)(1), Aug. 6, 2012, 126 Stat. 1197.)
## Notes
Editorial Notes
Amendments2012—Pub. L. 112154 amended section generally. Prior to amendment, section prohibited unapproved demonstrations at cemeteries under control of National Cemetery Administration and at Arlington National Cemetery that occurred during period beginning 60 minutes before and ending 60 minutes after a funeral, memorial service, or ceremony within 150 feet of a road, pathway, or other route of ingress to or egress from such cemetery property or within 300 feet of such cemetery and impeded the access to or egress from such cemetery.
Statutory Notes and Related Subsidiaries
ConstructionPub. L. 109228, § 2(b), May 29, 2006, 120 Stat. 388, provided that: “Nothing in section 2413 of title 38, United States Code (as amended by subsection (a)), shall be construed as limiting the authority of the Secretary of Veterans Affairs, with respect to property under control of the National Cemetery Administration, or the Secretary of the Army, with respect to Arlington National Cemetery, to issue or enforce regulations that prohibit or restrict conduct that is not specifically covered by section 2413 of such title (as so added).”
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# 38 U.S.C. § 2414 - Communication between Department of Veterans Affairs and medical examiners and funeral directors
## Text
(a) Required Information.— With respect to each deceased veteran described in subsection (b) who is transported to a national cemetery for burial, the Secretary shall ensure that the local medical examiner, funeral director, county service group, or other entity responsible for the body of the deceased veteran before such transportation submits to the Secretary the following information:
(1) Whether the deceased veteran was cremated.
(2) The steps taken to ensure that the deceased veteran has no next of kin.
(b) Deceased Veteran Described.— A deceased veteran described in this subsection is a deceased veteran—
(1) with respect to whom the Secretary determines that there is no next of kin or other person claiming the body of the deceased veteran; and
(2) who does not have sufficient resources for the furnishing of a casket or urn for the burial of the deceased veteran in a national cemetery, as determined by the Secretary.
(Added Pub. L. 112260, title I, § 103(a), Jan. 10, 2013, 126 Stat. 2419.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 112260, title I, § 103(c), Jan. 10, 2013, 126 Stat. 2420, provided that: “Section 2414 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act.”