CHAPTER 24 —NATIONAL CEMETERIES AND MEMORIALS
Editorial Notes
Amendments
2023—
2021—
2013—
2012—
2006—
2004—
1998—
1997—
1991—
1989—
1986—
1978—
§2400. Establishment of National Cemetery Administration; composition of Administration
(a) There shall be within the Department a National Cemetery Administration responsible for the interment of deceased servicemembers and veterans. The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs, who shall perform such functions as may be assigned by the Secretary.
(b) The national cemeteries and other facilities under the control of the National Cemetery Administration shall consist of—
(1) national cemeteries transferred from the Department of the Army to the Veterans' Administration by the National Cemeteries Act of 1973;
(2) cemeteries under the jurisdiction of the Veterans' Administration on the date of enactment of this chapter; and
(3) any other cemetery, memorial, or monument transferred to the Veterans' Administration by the National Cemeteries Act of 1973, or later acquired or developed by the Secretary.
(Added
Editorial Notes
References in Text
The National Cemeteries Act of 1973, referred to in subsec. (b)(1), (3), is
For national cemeteries transferred from the Department of the Army to the Veterans' Administration by the National Cemeteries Act of 1973, and any other cemetery, memorial, or monument transferred to the Veterans' Administration by the National Cemeteries Act of 1973, referred to in subsec. (b)(1), (3), see Transfer of Functions note set out under
The date of enactment of this chapter, referred to in subsec. (b)(2), is the date of enactment of
Amendments
1998—
Subsec. (a).
Subsec. (b).
1991—
Subsec. (a).
1989—Subsec. (b)(3).
1988—Subsec. (a).
1986—Subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name
"(1) Any reference in a law, map, regulation, document, paper, or other record of the United States to the National Cemetery System shall be deemed to be a reference to the National Cemetery Administration.
"(2) Any reference in a law, map, regulation, document, paper, or other record of the United States to the Director of the National Cemetery System shall be deemed to be a reference to the Under Secretary of Veterans Affairs for Memorial Affairs."
Effective Date of 1988 Amendment
Amendment by
Effective Date
Short Title
For short title of
Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for Maintenance by National Cemetery Administration
"(a)
"(b)
"(c)
"(1)
"(2)
"(A) An assessment of the feasibility and advisability of entering into such an agreement.
"(B) An estimate of the costs, including both direct and indirect costs, that the Department of Veterans Affairs would incur by entering into such an agreement.
"(d)
"(1) it is only potentially advisable and feasible to transfer the Mare Island Naval Cemetery from the city of Vallejo, California, to the Department of Veterans Affairs because the cemetery was previously under the control of the Department of Defense; and
"(2) the City of Vallejo should provide in-kind non-monetary contributions for the improvement and maintenance of Mare Island Naval Cemetery, including labor and equipment, to the extent practicable, to the Department of Veterans Affairs, following any transfer of the cemetery to the Department."
Grants for Cemetery Research and the Production of Educational Materials
"(a)
"(1)
"(2)
"(A) An institution of higher learning.
"(B) A local education agency.
"(C) A non-profit entity that the Secretary determines has a demonstrated history of community engagement.
"(D) Another recipient the Secretary determines to be appropriate.
"(3)
"(A) conduct research related to national, State, or Tribal veterans' cemeteries;
"(B) produce education materials that teach about the history of veterans interred in national, State, or Tribal veterans' cemeteries; and
"(C) promote community engagement with the histories of veterans interred in national, State, or Tribal veterans' cemeteries.
"(4)
"(b)
"(1) the evaluation of applications for grants under the program; and
"(2) administration of the program.
"(c)
"(d)
"(1) The term 'Veterans Legacy Program' means the program of the National Cemetery Administration that is responsible for providing engagement and educational tools and opportunities to the public regarding the service and sacrifice of veterans interred in national, State, or Tribal veterans' cemeteries.
"(2) The term 'institution of higher learning' has the meaning given that term in
"(3) The term 'local educational agency' has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (
Reports on Selection of New National Cemeteries
"(a)
"(1)
"(2)
"(A) An area in southern Colorado.
"(B) An area near Melbourne, Florida, and Daytona, Florida.
"(C) An area near Omaha, Nebraska.
"(D) An area near Buffalo, New York, and Rochester, New York.
"(E) An area near Tallahassee, Florida.
"(3)
"(4)
"(A) A schedule for the establishment of each cemetery at each site described in paragraph (2) and an estimate of the costs associated with the establishment of each such cemetery.
"(B) As of the date of the submittal of the report, the amount of funds that are available to establish each cemetery at each site described in paragraph (2) from amounts appropriated to the Department of Veterans Affairs for Advance Planning.
"(b)
National Cemetery Expansion
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'National Cemetery Expansion Act of 2003'.
"SEC. 2. ESTABLISHMENT OF NEW NATIONAL CEMETERIES.
"(a)
"(1) Southeastern Pennsylvania.
"(2) The Birmingham, Alabama, area.
"(3) The Jacksonville, Florida, area.
"(4) The Bakersfield, California, area.
"(5) The Greenville/Columbia, South Carolina, area.
"(6) The Sarasota County, Florida, area.
"(b)
"(c)
"(d)
"(1) set forth a schedule for the establishment of each such cemetery and an estimate of the costs associated with the establishment of each such cemetery; and
"(2) identify the amount of Advance Planning Funds obligated for purposes of this section as of the submission of the report.
"(e)
"(f)
Establishment of Additional National Cemeteries
"(a)
"(b)
"(c)
"(A) The six areas of the United States determined by the Secretary to be most in need of the establishment of a new national cemetery.
"(B) A schedule for such establishment.
"(C) An estimate of the costs associated with such establishment.
"(D) The amount obligated from the advance planning fund under subsection (b).
"(2) Not later than one year after the date on which the report described in paragraph (1) is submitted, and annually thereafter until the establishment of the national cemeteries under subsection (a) is complete, the Secretary shall submit to Congress a report that updates the information included in the report described in paragraph (1)."
Reimbursement of Account
Transfer of Pershing Hall to Department of Veterans Affairs
"(a)
"(b)
"(B) To carry out the purposes of this section, the Secretary may enter into agreements authorized by subsection (c) to fund the operation of the memorial and projects authorized by subsection (d)(6).
"(2)(A) The Secretary shall, after consultation with the American Battle Monuments Commission, provide for a portion of Pershing Hall to be specifically dedicated, with appropriate exhibitions and monuments, to the memory of the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I.
"(B) The establishment and continuing supervision of the memorial that is dedicated pursuant to subparagraph (A) shall be carried out by the American Battle Monuments Commission.
"(3) To the extent that funds are available in the Pershing Hall Revolving Fund established by subsection (d), the Secretary may incur such expenses with respect to Pershing Hall as the Secretary determines necessary or appropriate.
"(4) The Secretary of Veterans Affairs may provide the allowances and benefits described in
"(c)
"(2) Leases entered into by the Secretary under this subsection shall be for consideration in the form of cash or in-kind, or a combination of the two, as determined by the Secretary, which shall include the value of space leased back to the Secretary by the lessee, net of rent paid by the Secretary, and the present value of the residual interest of the Secretary at the end of the lease term.
"(d)
"(2) There shall be transferred to the Pershing Hall Revolving Fund, at such time or times as the Secretary may determine without limitation as to year, amounts as determined by the Secretary, not to exceed $1,000,000 in total, from funds appropriated to the Department of Veterans Affairs for the construction of major projects. The account from which any such amount is transferred shall be reimbursed promptly from other funds as they become part of the Pershing Hall Revolving Fund.
"(3) The Pershing Hall Memorial Fund, established in the Treasury of the United States pursuant to section 2 of the Act of June 28, 1935 (
"(4) Funds received by the Secretary from operation of Pershing Hall or from any lease or other agreement with respect to Pershing Hall shall be deposited in the Pershing Hall Revolving Fund.
"(5) The Secretary of the Treasury shall invest any portion of the Revolving Fund that, as determined by the Secretary of Veterans Affairs, is not required to meet current expenses of the Fund. Each investment shall be made in an interest bearing obligation of the United States or an obligation guaranteed as to principal and interest by the United States that, as determined by the Secretary of Veterans Affairs, has a maturity suitable for the Revolving Fund. The Secretary of the Treasury shall credit to the Revolving Fund the interest on, and the proceeds from the sale or redemption of, such obligations.
"(6)(A) Subject to subparagraphs (B) and (C), the Secretary of Veterans Affairs may expend not more than $100,000 from the Fund in any fiscal year upon projects, activities, and facilities determined by the Secretary to be in keeping with the mission of the Department.
"(B) An expenditure under subparagraph (A) may be made only from funds that will remain in the Fund in any fiscal year after payment of expenses incurred with respect to Pershing Hall for such fiscal year and only after the reimbursement of all amounts transferred to the Fund under subsection (d)(2) has been completed.
"(C) An expenditure authorized by subparagraph (A) shall be reported by the Secretary to the Congress no later than November 1 of each year for the fiscal year ending on the previous September 30.
"(e)
[Section 3(o) of
[Section 403 of
Authority To Establish National Cemeteries
"(a)
"(1) San Francisco, California;
"(2) Chicago, Illinois;
"(3) Cleveland, Ohio;
"(4) Pittsburgh, Pennsylvania;
"(5) Dallas/Fort Worth, Texas;
"(6) Miami, Florida;
"(7) Seattle, Washington;
"(8) Atlanta, Georgia;
"(9) Phoenix/Tucson, Arizona;
"(10) Birmingham, Alabama; and
"(11) any other State in which a national cemetery is not available for the burial of veterans.
"(b)
§2401. Advisory Committee on Cemeteries and Memorials
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
Editorial Notes
Amendments
1991—
1989—
1986—
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For 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. 103–7 (in which a periodic report to Congress on the Advisory Committee on Cemeteries and Memorials is listed on page 145), see section 3003 of
Termination of Advisory Committees
Advisory 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
§2402. Persons eligible for interment in national cemeteries
(a) Under such regulations as the Secretary may prescribe and subject to the provisions of
(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 spouse's or child's death if such death occurs before October 1, 2024.
(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
(8) Any individual whose service is described in subsection (a) or (b) of
(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 person's parent's 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 (
(ii) at the time of the individual's 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 individual's 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
Editorial Notes
References in Text
Section 2(1) of the Hmong Veterans' Naturalization Act of 2000, referred to in subsec. (a)(10)(A)(i), is section 2(1) of
Amendments
2023—Subsec. (a)(2).
2021—Subsec. (a)(1).
Subsec. (a)(10)(B).
2018—Subsec. (a)(5).
Subsec. (a)(10).
2010—
2003—Par. (5).
Par. (8).
2000—Par. (7).
Par. (8).
1998—
1996—Par. (5).
1994—Par. (5).
Par. (7).
1991—
1989—
1986—Pars. (2), (3).
Par. (5).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Effective Date of 2018 Amendment
Effective Date of 2010 Amendment
Amendment by
Effective Date of 2003 Amendment
Amendment by section 212(b) of
Effective Date of 2000 Amendment
Amendment by section 331(a) of
Criteria for Interment at Arlington National Cemetery
"(a)
"(b)
Identification of Unclaimed or Abandoned Human Remains
Guidance Required
Eligibility of Former Prisoners of War for Burial in Arlington National Cemetery
"(a)
"(b)
"(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)
"(d)
"(e)
"(1) The term 'former prisoner of war' has the meaning given such term in
"(2) The term 'active military, naval, or air service' has the meaning given such term in section 101(24) of such title."
§2403. Memorial areas
(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 member's or veteran's 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
(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
Editorial Notes
References in Text
For cemeteries under the control of the National Cemetery Administration, referred to in subsec. (c), see
Amendments
2020—Subsec. (d).
1998—Subsec. (b).
Subsec. (c).
1991—
1989—
1982—Subsec. (c).
1981—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 Amendment
Amendment by
§2404. Administration
(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 President's 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; and
(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.
(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 Secretary's responsibilities under this chapter, the Secretary may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under the Secretary's 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 Secretary's 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
Editorial Notes
Amendments
2023—Subsec. (c)(2)(E).
Subsec. (i).
2013—Subsec. (h).
1991—
Subsec. (c)(2)(A).
Subsec. (c)(2)(B).
Subsec. (c)(2)(C).
Subsec. (d).
1989—
1988—Subsec. (c)(2)(C), (D).
Subsec. (f).
1986—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsecs. (e), (g).
Statutory Notes and Related Subsidiaries
Transfer of Functions
"[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 Airmen's 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
[The United States Soldiers' and Airmen's Home and the United States Naval Home were incorporated into the Armed Forces Retirement Home by
Interim Implementation of 2013 Amendment
Use of Flat Grave Markers at Santa Fe National Cemetery, New Mexico
Independent Study on Improvements to Veterans' Cemeteries
"(a)
"(b)
"(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
"(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)
"(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 Locations
Functions, Powers, and Duties of Secretaries Unaffected
Repeal of
Studies; Recommendations to Congress
§2405. Disposition of inactive cemeteries
(a) The Secretary may transfer, with the consent of the agency concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretary's 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
Editorial Notes
Amendments
1998—Subsec. (c).
1991—
1989—Subsec. (a).
Subsecs. (b), (c).
1986—Subsec. (a).
Subsec. (c).
§2406. Acquisition of lands
(a)
(b)
(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
(Added
Editorial Notes
Amendments
2023—
2004—Pub. L. 108—454 inserted "exchange," after "agencies,".
1991—
1989—
1986—
§2407. Authority to accept and maintain suitable memorials
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
Editorial Notes
Amendments
1991—
1989—
1986—
§2408. Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans' cemeteries
(a)(1) Subject to subsections (b), (c), (d), and (g), the Secretary may make a grant to any State or county for the following purposes:
(A) Establishing, expanding, or improving a veterans' cemetery owned by the State or county.
(B) Operating and maintaining such a cemetery.
(2) A grant under paragraph (1) may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require.
(b) A grant under this section for a purpose described in subsection (a)(1)(A) shall be subject to the following conditions:
(1) The amount of such a grant may not exceed—
(A) in the case of the establishment of a new cemetery, the sum of: (i) the cost of improvements to be made on the land to be converted into a cemetery; (ii) the cost of initial equipment necessary to operate the cemetery; and (iii) training costs described in subsection (c)(1); and
(B) in the case of the expansion or improvement of an existing cemetery, the sum of: (i) the cost of improvements to be made on any land to be added to the cemetery; and (ii) the cost of any improvements to be made to the existing cemetery; and (iii) training costs described in subsection (c)(1).
(2) If the amount of such a grant is less than the amount of costs referred to in subparagraph (A) or (B) of paragraph (1), the State or county receiving the grant shall contribute the excess of such costs over the grant.
(3) If a State or county that has received such a grant to establish, expand, or improve a veterans' cemetery ceases to own such cemetery, ceases to operate such cemetery as a veterans' cemetery, or uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from such State or county the total of all grants made under this section to such State or county in connection with such cemetery.
(c)(1) A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans' cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organization at training provided by the National Cemetery Administration.
(2) Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary.
(3) The Secretary may by regulation prescribe such additional terms and conditions for grants used for training costs under this subsection as the Secretary considers appropriate.
(d)(1) In addition to the conditions specified in subsection (b) of this section, any grant to a State or county under this section to assist such State or county in establishing a veterans' cemetery shall be made on the condition that such cemetery shall conform to such standards and guidelines relating to site selection, planning, and construction as the Secretary may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Secretary shall take into account the standards and guidelines for site selection, planning, and construction that are applicable to cemeteries under the control of the National Cemetery Administration, including those provided in subsections (b), (c), and (d) of
(2) Except as provided in subsection (i), the Secretary may by regulation prescribe such additional terms and conditions for grants under this section as the Secretary considers appropriate.
(e)(1) In addition to the conditions specified in subsections (b) and (c), any grant made to a State or county under this section shall be made subject to the condition specified in paragraph (2).
(2) For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State or county prohibit the interment or memorialization in that cemetery of a person described in
(A) such notice shall be furnished to an appropriate official of such State or county; and
(B) a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State or county.
(f)(1) Amounts appropriated to carry out this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a State or county for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such State or county.
(2) In any fiscal year, the aggregate amount of grants awarded under this section for the purposes specified in subsection (a)(1)(B) may not exceed $10,000,000.
(g)(1) The Secretary may make grants under this subsection to any tribal organization to assist the tribal organization in establishing, expanding, or improving veterans' cemeteries, or in operating and maintaining such cemeteries, on trust land owned by, or held in trust for, the tribal organization.
(2) Grants under this subsection shall be made in the same manner, and under the same conditions, as grants to States are made under the preceding provisions of this section.
(h)(1) The Secretary may make a grant to a county under this section only if—
(A)(i) the State in which the county is located does not have a veterans' cemetery owned by the State;
(ii) the State is not in receipt of a grant under this section for the construction of a new veterans' cemetery to be owned by the State;
(iii) the State did not apply for a grant under this section during the previous year;
(iv) no tribal organization from the State in which the county is located has a veterans' cemetery on trust land owned by, or held in trust for, the tribal organization;
(v) no such tribal organization is in receipt of a grant under this section for the construction of a new veterans' cemetery to be located on such land; and
(vi) no such tribal organization applied for a grant under this section during the previous year; and
(B) the county demonstrates in the application under subsection (a)(2), to the satisfaction of the Secretary, that the county has the resources necessary to operate and maintain the veterans' cemetery owned by the county.
(2)(A) If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State.
(B) If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization.
(3) The Secretary shall prescribe regulations to carry out this subsection.
(i)(1) The Secretary may not establish a condition for a grant under this section that restricts the ability of a State receiving such a grant to inter in a veterans' cemetery owned by that State any individual described in paragraph (2) solely by reason of the ineligibility of such individual for burial in an open national cemetery under the control of the National Cemetery Administration under
(2) An individual described in this paragraph is the following:
(A) Any member of a reserve component of the Armed Forces who was discharged or released from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of such a reserve component.
(B) Any member of the Army National Guard or the Air National Guard who was discharged or released from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of the Army National Guard or the Air National Guard.
(C) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under conditions other than dishonorable while a member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force.
(D) Any spouse of any member described in subparagraphs (A) through (C).
(E) Any minor child or unmarried adult child (as such terms are defined in
(j) The Secretary may not deny an application for a grant under this section solely on the basis that the State receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans' cemetery in which interment of individuals described in subsection (i)(2) is allowed.
(k) For purposes of this section:
(1) The term "tribal organization" has the meaning given that term in
(2) The term "trust land" has the meaning given that term in
(Added
Editorial Notes
Amendments
2022—Subsec. (d)(2).
Subsecs. (i) to (k).
2021—
Subsec. (a)(1).
Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
Subsec. (c).
Subsecs. (d), (e).
Subsec. (e)(2).
Subsec. (f).
Subsec. (f)(3).
Subsec. (g).
Subsec. (h).
Subsec. (i).
2007—Subsec. (a).
Subsec. (b).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f)(1).
2006—Subsec. (f).
2003—Subsec. (a).
Subsec. (d)(1).
Subsec. (e).
1998—Subsec. (a)(2).
Subsec. (b)(1), (2).
"(1) The amount of any grant under this section may not exceed an amount equal to 50 percent of the total of the value of the land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant.
"(2) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State's contribution under paragraph (1) of this subsection, but the value of such land may not be used for more than an amount equal to 50 percent of the amount of such contribution and may not be used as part of such State's contribution for any subsequent grant under this section."
Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (e).
1997—Subsecs. (d), (e).
1994—Subsec. (a)(2).
1991—
Subsec. (c)(1).
1989—Subsecs. (a)(1), (c).
1988—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3), (4).
1984—Subsec. (a)(2).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment; Applicability
Effective Date of 1998 Amendment
Effective Date
Section effective Oct. 18, 1978, see section 205(a) of
Regulations
Prohibition on Enforcing Certain Conditions on Grants for State Veterans' Cemeteries
§2409. Memorial areas in Arlington National Cemetery
(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 member's or veteran's 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
Editorial Notes
Amendments
2012—Subsec. (b).
1991—
1989—Subsec. (b).
Statutory Notes and Related Subsidiaries
Updates and Preservation of Memorials to Chaplains at Arlington National Cemetery
"(a)
"(1)
"(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, described in subparagraph (A), including 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
"(C) to make such other updates and corrections to the memorial that the Secretary determines necessary.
"(2)
"(3)
"(4)
"(b)
"(c)
"(d)
"(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."
Transfer to the Secretary of the Army and Management of Parcel of Federal Land in Arlington, Virginia
"(1)
"(2)
"(i) as part of Arlington National Cemetery; and
"(ii) in accordance with applicable law, including—
"(I) regulations; and
"(II)
Construction of Memorial to the Crew of the Apollo I Launch Test Accident at Arlington National Cemetery
Columbia Orbiter Memorial
"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)
"(b)
"SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.
"(a)
"(b)
"(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)
Authorization of Placement of a Memorial in Arlington National Cemetery Honoring World War II Veterans Who Fought in the Battle of the Bulge
§2410. Burial of cremated remains in Arlington National Cemetery
(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
(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 (
(Added
Editorial Notes
References in Text
The date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of
Amendments
2016—Subsec. (c).
1991—
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 2016 Amendment
"(1)
"(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)
§2410A. Arlington National Cemetery: other administrative matters
(a)
(2) The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate.
(b)
(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
Statutory Notes and Related Subsidiaries
Effective Date
"(1)
"(2)
§2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes
(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
(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 (
(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 (
(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
(2)(A)(i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person's 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 (
(B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows:
(i) By the Secretary in accordance with
(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
(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 (
(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
Editorial Notes
References in Text
The 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
Amendments
2023—
Subsec. (b)(4)(A).
Subsec. (b)(4)(B).
Subsec. (b)(5).
Subsec. (c).
Subsec. (d)(2)(A)(ii).
Subsec. (e)(1)(B).
2015—Subsec. (e)(1).
2013—Subsec. (a)(2).
Subsec. (b)(4).
Subsecs. (d) to (f).
2006—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (d)(1).
Subsec. (d)(2).
2002—Subsec. (a)(2).
1998—
Subsecs. (a)(1)(A), (B), (d)(3)(A).
Statutory Notes and Related Subsidiaries
Effective Date of 2013 Amendment
Effective Date of 2006 Amendment
Amendment by
Effective Date
Regulations
§2412. Lease of land and buildings
(a)
(b)
(c)
(2) Notwithstanding
(d)
(e)
(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
Editorial Notes
References in Text
Section 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
1 See References in Text note below.
§2413. Prohibition on certain demonstrations and disruptions at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery
(a)
(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)
(c)
(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 person's 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)
(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)
(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)
(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
(Added
Editorial Notes
Amendments
2012—
Statutory Notes and Related Subsidiaries
Construction
§2414. Communication between Department of Veterans Affairs and medical examiners and funeral directors
(a)
(1) Whether the deceased veteran was cremated.
(2) The steps taken to ensure that the deceased veteran has no next of kin.
(b)
(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