USC Chapter 24

in effect

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 2402 Persons eligible for interment in national cemeteries

(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 spouse’s or child’s 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 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 (Public Law 106–207; 8 U.S.C. 1423 note); and (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.

38 U.S.C. § 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 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.

38 U.S.C. § 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.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 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.

38 U.S.C. § 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.

38 U.S.C. § 2406 Acquisition of lands

(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.

38 U.S.C. § 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.

38 U.S.C. § 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 section 2404 of this title. (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 section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection—(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 section 2402(a) of this title. (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 section 2402(a) of this title) of any member described in subparagraphs (A) through (C). (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)(1) The Secretary may not establish a condition for a grant under this section that restricts the ability of a State, county, or tribal organization receiving such a grant to allow the interment of any person described in paragraph (8) or (10) of section 2402(a) of this title in a veterans’ cemetery owned by that State or county or on trust land owned by, or held in trust for, that tribal organization. (2) The Secretary may not deny an application for a grant under this section solely on the basis that the State, county, or tribal organization receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery in which interment of persons described in paragraph (8) or (10) of section 2402(a) of this title is allowed. (3)(A) When requested by a State, county, or tribal organization that is the recipient of a grant made under this section, the Secretary shall—(i) determine whether a person is eligible for burial in a national cemetery under paragraph (8) or (10) of section 2402(a) of this title; and (ii) advise the recipient of the determination. (B) A recipient described in subparagraph (A) may use a determination of the Secretary under such subparagraph as a determination of the eligibility of the person concerned for burial in the cemetery for which the grant was made. (l) For purposes of this section:(1) The term “tribal organization” has the meaning given that term in section 3765(4) of this title. (2) The term “trust land” has the meaning given that term in section 3765(1) of this title.

38 U.S.C. § 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.

38 U.S.C. § 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 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 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.

38 U.S.C. § 2410A Arlington National Cemetery: other administrative matters

(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.

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

(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 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 (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 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. (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.

38 U.S.C. § 2412 Lease of land and buildings

(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.

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

(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 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) 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.

38 U.S.C. § 2414 Communication between Department of Veterans Affairs and medical examiners and funeral directors

(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.