Title 38 — Veterans’ Benefits
Part II · Chapter 24 — National Cemeteries and Memorials
§ 2400. Establishment of National Cemetery Administration; composition of Administration
Statutory text
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.
The national cemeteries and other facilities under the control of the National Cemetery Administration shall consist of—
national cemeteries transferred from the Department of the Army to the Veterans’ Administration by the National Cemeteries Act of 1973;
cemeteries under the jurisdiction of the Veterans’ Administration on the date of enactment of this chapter; and
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Cemeteries Act of 1973
Pub. L. 93–43 § 2(a) · 87 Stat. 75
Enacted · 38 U.S.C. § 2400
Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1000
Source evidence
Code source credit
Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1000Enacted provision · exact public law section
(a) Part II of title 38. United States Code, is amended by 72 Stat. 1117. 38 USC 301. adding at the end thereof the following new chapter: “Chapter 24— NATIONAL CEMETERIES AND MEMORIALS “Sec. “1000. Establishment of National Cemetery System; composition of such system; appointment of director. “1001. Advisory committee on cemeteries and memorials. “1002. Persons eligible for interment in national cemeteries. “1003. Memorial areas. “1004. Administration. “1005. Disposition of inactive cemeteries. “1006. Acquisition of lands. “1007. Authority to accept and maintain suitable memorials. “§ 1000. Establishment of National Cemetery System; composition of such system; appointment of director “(a) There shall be within the Veterans’ Administration a National Cemetery System for the interment of deceased servicemen and veterans. To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator. “(b) The National Cemetery System 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 Administrator. “§ 1001. Advisory Committee on Cemeteries and Memorials “There shall be appointed by the Administrator an Advisory Committee on Cemeteries and Memorials. The Administrator shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which he 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 Reports to Administrator of Veterans’ Affairs and Congress. 73 Stat. 453; shall make periodic reports and recommendations to the Administrator and to Congress. “§ 1002. Persons eligible for interment in national cemeteries “Under such regulations as the Administrator may prescribe and subject to the provisions of section 3505 of this title, the remains of 85 Stat. 348. 38 USC 3505. the following persons may be buried in any open national cemetery bi the National Cemetery System: “(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, or air service). “(2) Any member of a Reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while he is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he 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 he 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 he 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 aimed forces of any government allied with the United States during that war, and whose last such service terminated honorably, “(5) The wife, husband, surviving spouse, minor child, and, in the discretion of the Administrator, unmarried adult child of any of the persons listed in paragraphs (1) through (4). “(6) Such other persons or classes of persons as may be designated by the Administrator. “§ 1003. Memorial areas “(a) The Administrator shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces missing in action, or who died or were killed while serving in such forces and whose remains have not been identified, have been buried at sea or have been determined to be nonrecoverable. “(b) Under regulations prescribed by the Administrator, appropriate memorials or markers shall be erected to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section. “(c) All national and other veterans’ cemeteries in the National Cemetery System created by this Act shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Administrator 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. “§ 1004. Administration “(a) The Administrator 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 he is responsible, the Administrator shall provide ail necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria. “(e) 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 Administrator shall by regulation prescribe. “(d) There shall be kept in each national cemetery, and at the main Burial register. office of the Veterans’ Administration, 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 he is buried, and such other information as the Administrator by regulation may prescribe. “(e) In carrying out his responsibilities under this chapter, the Contract authority. Administrator may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under his jurisdiction as he shall choose, under such terms and conditions as he may prescribe. “(f) The Administrator is authorized to convey to any State, or Approach roads conveyance. 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 Administrator 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. “(g) Notwithstanding any other provision of law, the Administrator Jurisdiction, relinquishment. may at such time as he deems desirable, relinquish to the State in which any cemetery, monument, or memorial under his 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. “§ 1005. Disposition of inactive cemeteries “(a) The Administrator may transfer, with the consent of the Transfer. agency concerned, any inactive cemetery, burial plot, memorial, or monument within his control to the Department of the Interior for maintenance us 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 for such system shall be available for the management and operation of such cemetery. “(b) The Administrator 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 Administrator, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. “(c) If a cemetery not within the National Cemetery System has been or is to be discontinued, the Administrator may provide for the removal of remains from that cemetery to any cemetery within such System. He 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. “§ 1006. Acquisition of lands “As additional lands are needed for national cemeteries, they may be acquired by the Administrator by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, or otherwise, as he determines to be in the best interest of the Touted States. “§ 1007. Authority to accept and maintain suitable memorials “Subject to such restrictions as he may prescribe, the Administrator 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. He may make land available for this purpose, and may furnish such care and maintenance as he deems necessary.”Pub. L. 99–576 title VII § 701(52) · 100 Stat. 3248
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 99–576 substituted “servicemembers” for “servicemen”
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 99–576 substituted “The Administrator” for “To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 99–576 substituted “servicemembers” for “servicemen” and “The Administrator” for “To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator”.Enacted provision · exact public law section
(52) Section 1000(a) is amended— (A) by striking out “servicemen” and inserting in lieu thereof “servicemembers”; and (B) by striking out “To assist” and all that follows through “the Administrator” in the second sentence and inserting in lieu thereof “The Administrator”.Department of Veterans Affairs Act
Pub. L. 100–527 § 13(i) · 102 Stat. 2635
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 100–527 substituted “Such system shall be headed by the Director of the National Cemetery System, who shall perform such functions as may be assigned by the Secretary” for “The Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 100–527 substituted “Such system shall be headed by the Director of the National Cemetery System, who shall perform such functions as may be assigned by the Secretary” for “The Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator”.Effective date note
Amendment by Pub. L. 100–527 effective Mar. 15, 1989, see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of this title.Veterans Home Loan Indemnity and Restructuring Act of 1989
Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062
Substituted · 38 U.S.C. § 2400(b)(3)
Pub. L. 101–237 substituted “Secretary” for “Administrator”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 101–237 substituted “Secretary” for “Administrator”.Enacted provision · exact public law section
(1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 2400
Pub. L. 102–83, § 5(a), renumbered section 1000 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1000 of this title as this section.Enacted provision · exact public law section
(a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.Enacted provision · exact public law section
(3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.Pub. L. 105–368 § 403(c)(3)(C) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2400
Pub. L. 105–368, § 403(c)(3)(C), substituted “Administration; composition of Administration” for “System; composition of such system; appointment of director” in section catchline
Source evidence
Code amendment note
Pub. L. 105–368, § 403(c)(3)(C), substituted “Administration; composition of Administration” for “System; composition of such system; appointment of director” in section catchline.Enacted provision · exact public law section
(C) by amending the heading to read as follows: “§ 2400. Establishment of National Cemetery Administration; composition of Administration”.Pub. L. 105–368 § 403(c)(3)(A) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 105–368, § 403(c)(3)(A), in first sentence, substituted “Administration responsible” for “System” and, in second sentence
Substituted · 38 U.S.C. § 2400(a)
Pub. L. 105–368, § 403(c)(3)(A), in first sentence, substituted “The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs” for “Such system shall be headed by the Director of the National Cemetery System”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 105–368, § 403(c)(3)(A), in first sentence, substituted “Administration responsible” for “System” and, in second sentence, substituted “The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs” for “Such system shall be headed by the Director of the National Cemetery System”.Enacted provision · exact public law section
(A) in subsection (a)— (i) by striking “National Cemetery System” and inserting “National Cemetery Administration responsible”; and (ii) in the second sentence, by striking “Such system” and all that follows through “National Cemetery System” and inserting “The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs”;Pub. L. 105–368 § 403(c)(3)(B) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2400(b)
Pub. L. 105–368, § 403(c)(3)(B), substituted “national cemeteries and other facilities under the control of the National Cemetery Administration” for “National Cemetery System” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 105–368, § 403(c)(3)(B), substituted “national cemeteries and other facilities under the control of the National Cemetery Administration” for “National Cemetery System” in introductory provisions.Enacted provision · exact public law section
(B) in subsection (b), by striking “National Cemetery System” and inserting “national cemeteries and other facilities under the control of the National Cemetery Administration”; and
10 of 11 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
The National Cemeteries Act of 1973, referred to in subsec. (b)(1), (3), is Pub. L. 93–43, , 87 Stat. 75, which is classified principally to this chapter (§ 2400 et seq.). For complete classification of this Act to the Code, see section 1 of Pub. L. 93–43 set out as a Short Title of 1973 Amendment note under section 101 of this title and Tables.
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 section 2404 of this title.
The date of enactment of this chapter, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 93–43, which was approved .
Amendments1986–1998 · 5 rounds
1998
Pub. L. 105–368, § 403(c)(3)(C), substituted “Administration; composition of Administration” for “System; composition of such system; appointment of director” in section catchline.
Subsec. (a). Pub. L. 105–368, § 403(c)(3)(A), in first sentence, substituted “Administration responsible” for “System” and, in second sentence, substituted “The National Cemetery Administration shall be headed by the Under Secretary for Memorial Affairs” for “Such system shall be headed by the Director of the National Cemetery System”.
Subsec. (b). Pub. L. 105–368, § 403(c)(3)(B), substituted “national cemeteries and other facilities under the control of the National Cemetery Administration” for “National Cemetery System” in introductory provisions.
1991
Pub. L. 102–83, § 5(a), renumbered section 1000 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”.
1989
Subsec. (b)(3). Pub. L. 101–237 substituted “Secretary” for “Administrator”.
1988
Subsec. (a). Pub. L. 100–527 substituted “Such system shall be headed by the Director of the National Cemetery System, who shall perform such functions as may be assigned by the Secretary” for “The Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator”.
1986
Subsec. (a). Pub. L. 99–576 substituted “servicemembers” for “servicemen” and “The Administrator” for “To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator”.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 105–368, title IV, § 403(a)(1), , 112 Stat. 3337, provided that: “The National Cemetery System of the Department of Veterans Affairs shall hereafter be known and designated as the National Cemetery Administration. The position of Director of the National Cemetery System is hereby redesignated as Under Secretary of Veterans Affairs for Memorial Affairs.”
Pub. L. 105–368, title IV, § 403(d), , 112 Stat. 3339, provided that:
“(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 Pub. L. 100–527 effective , see section 18(a) of Pub. L. 100–527, set out as a Department of Veterans Affairs Act note under section 301 of this title.
Effective Date
Pub. L. 93–43, § 10(a), , 87 Stat. 88, provided that: “The first section [set out as a Short Title of 1973 Amendment note under section 101 of this title] and sections 2 [enacting this chapter and amending section 5316 of Title 5, Government Organization and Employees], 3 [set out as a note under section 2404 of this title], 4 [enacting section 218 and repealing section 625 of this title], and 8 [amending section 3505 [now 6105] of this title] of this Act shall take effect on the date of enactment of this Act [].”
Short Title
For short title of Pub. L. 93–43, , 87 Stat. 75, which enacted this chapter, as the “National Cemeteries Act of 1973”, see section 1 of Pub. L. 93–43 set out as a Short Title of 1973 Amendment note under section 101 of this title.
Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for Maintenance by National Cemetery Administration
Pub. L. 116–283, div. H, title XCI, § 9107, , 134 Stat. 4784, provided that:
“(a) Agreement.—
Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection (c)(1), the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary. The Secretary shall seek to enter into such agreement before the date that is one year after the date on which such report is submitted.
“(b) Maintenance by National Cemetery Administration.—
If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery in the same manner as other cemeteries under the jurisdiction of the National Cemetery Administration.
“(c) Report.—
“(1) In general.—
Not later than 180 days after the date of the enactment of this Act [], the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority to enter into an agreement under subsection (a).
“(2) Contents.—
The report submitted under paragraph (1) shall include the following:
“(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) Sense of Congress.—
It is the sense of Congress that—
“(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
Pub. L. 116–107, § 1, , 133 Stat. 3292, provided that:
“(a) Grants Authorized.—
“(1) In general.—
The Secretary of Veterans Affairs may establish a grant program to conduct cemetery research and produce educational materials for the Veterans Legacy Program.
“(2) Eligible recipients.—
The Secretary may award a grant under this section to any of the following entities:
“(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) Use of funds.—
A recipient of a grant under this section may use the grant amount to—
“(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) Maximum amount.—
A grant awarded under this section may not exceed $500,000.
“(b) Regulations.—
If the Secretary establishes a grant program under this section, the Secretary shall prescribe regulations regarding—
“(1) the evaluation of applications for grants under the program; and
“(2) administration of the program.
“(c) Report Required.—
Not later than 2 years after the Secretary establishes a grant program under this section, the Secretary shall submit to the committees on Veterans’ Affairs of the House of Representatives and the Senate a report regarding the determination of the Secretary whether the grant program is a financially effective means to promote the purposes in subsection (a)(3).
“(d) Definitions.—
In this section:
“(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 section 3452(f) of title 38, United States Code.
“(3) The term ‘local educational agency’ has the meaning given that term in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”
Reports on Selection of New National Cemeteries
Pub. L. 111–275, title V, § 503, , 124 Stat. 2883, provided that:
“(a) Initial Report.—
“(1) Report required.—
Not later than one year after the date of the enactment of this Act [], the Secretary of Veterans Affairs shall submit to Congress a report on the selection of the sites described in paragraph (2) for the purpose of establishing new national cemeteries.
“(2) Sites.—
The sites described in this paragraph are the following:
“(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) Site selection.—
In carrying out this section, the Secretary shall solicit advice and views of representatives of State and local veterans organizations and other individuals as the Secretary considers appropriate.
“(4) Matters included.—
The report under paragraph (1) shall include the following:
“(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) Annual Reports.—
Not later than two years after the date of the enactment of this Act, and each year thereafter until the date on which each cemetery at each site described in subsection (a)(2) is established, the Secretary shall submit to Congress an annual report that includes updates to the information provided in the report under subsection (a).”
National Cemetery Expansion
Pub. L. 108–109, , 117 Stat. 1322, provided that:
“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) Establishment.—
Not later than 4 years after the date of the enactment of this Act [], the Secretary of Veterans Affairs, in accordance with chapter 24 of title 38, United States Code, shall establish six new national cemeteries. The new cemeteries shall be located in the following locations (those locations having been determined by the Secretary of Veterans Affairs to be the most appropriate locations for new national cemeteries):
“(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) Funds.—
Amounts appropriated for the Department of Veterans Affairs for any fiscal year after fiscal year 2003 for Advance Planning shall be available for the purposes of subsection (a).
“(c) Site Selection Process.—
In determining the specific sites for the new cemeteries required by subsection (a) within the locations specified in that subsection, the Secretary shall solicit the advice and views of representatives of State and local veterans organizations and other individuals as the Secretary considers appropriate.
“(d) Initial Report.—
Not later than 120 days after the date of the enactment of this Act [], the Secretary shall submit to Congress a report on the establishment of the national cemeteries required by subsection (a). The report shall—
“(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) Annual Reports.—
The Secretary shall submit to Congress an annual report on the implementation of this section until the establishment of all six cemeteries is completed and each such cemetery has opened. The Secretary shall include in each such annual report an update of the information provided under paragraphs (1) and (2) of subsection (d).
“(f) Definition of Southeastern Pennsylvania.—
In this section, the term ‘southeastern Pennsylvania’ means the city of Philadelphia and Berks County, Bucks County, Chester County, Delaware County, Philadelphia County, and Montgomery County in the State of Pennsylvania.”
Establishment of Additional National Cemeteries
Pub. L. 106–117, title VI, § 611, , 113 Stat. 1580, provided that:
“(a) Establishment.—
The Secretary [of Veterans Affairs] shall establish, in accordance with chapter 24 of title 38, United States Code, a national cemetery in each of the six areas in the United States that the Secretary determines to be most in need of such a cemetery to serve the needs of veterans and their families.
“(b) Obligation of Funds in Fiscal Year 2000.—
The Secretary shall obligate, from the advance planning fund in the Construction, Major Projects account appropriated to the Department [of Veterans Affairs] for fiscal year 2000, such amounts for costs that the Secretary estimates are required for the planning and commencement of the establishment of national cemeteries under this section.
“(c) Reports.—
(1) Not later than 120 days after the date of the enactment of this Act [], the Secretary shall submit to Congress a report on the establishment of the national cemeteries under subsection (a). The report shall set forth the following:
“(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
Pub. L. 105–276, title I, , 112 Stat. 2466, provided in part: “That during fiscal year 1999, or in subsequent fiscal years, the ‘Construction, major projects’ account shall be reimbursed, in the amount transferred, from other funds as they become part of the Pershing Hall Revolving Fund.”
Transfer of Pershing Hall to Department of Veterans Affairs
Pub. L. 102–86, title IV, § 403, , 105 Stat. 422, as amended by Pub. L. 103–79, § 4, , 107 Stat. 772; Pub. L. 103–446, title XII, § 1202(c), , 108 Stat. 4689; Pub. L. 107–217, § 3(o), , 116 Stat. 1303; Pub. L. 107–330, title III, § 308(i), , 116 Stat. 2829, provided that:
“(a) In General.—
Pershing Hall, an existing memorial in Paris, France, owned by the United States, together with the personal property of such memorial, is hereby placed under the jurisdiction, custody, and control of the Department of Veterans Affairs so that the memorial to the commander-in-chief, officers, men, and auxiliary services of the American Expeditionary Forces in France during World War I may be continued in an appropriate manner and financial support be provided therefor.
“(b) Administration.—
(1) (A) The Secretary of Veterans Affairs shall administer, operate, develop, and improve Pershing Hall and its site in such manner as the Secretary determines is in the best interests of the United States, which may include use of Pershing Hall to meet the needs of veterans. To meet such needs, the Secretary may establish and operate a regional or other office to disseminate information, respond to inquiries, and otherwise assist veterans and their families in obtaining veterans’ benefits.
“(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 section 707 of title 38, United States Code, to personnel of the Department of Veterans Affairs who are United States citizens and are assigned by the Secretary to Pershing Hall.
“(c) Leases.—
(1) The Secretary may enter into agreements as the Secretary determines necessary or appropriate for the operation, development, and improvement of Pershing Hall and its site, including the leasing of portions of the Hall for terms not to exceed 99 years in areas that are newly constructed or substantially rehabilitated and for not to exceed 20 years in other areas of the Hall.
“(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) Fund.—
(1) There is hereby established the Pershing Hall Revolving Fund to be administered by the Secretary of Veterans Affairs.
“(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 (Public Law 74–171; 49 Stat. 426) [former 36 U.S.C. 491], is hereby abolished and the corpus of the fund, including accrued interest, is transferred to the Pershing Hall Revolving Fund.
“(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) Waiver.—
The Secretary may carry out the provisions of this section without regard to section 8122 of title 38, United States Code, subchapter II of chapter 5 of title 40, United States Code, sections 541 through 555 and 1302 of title 40, United States Code, or any other provision of law inconsistent with this section.”
[Section 3(o) of Pub. L. 107–217, which directed amendment of section 403(e) of Pub. L. 102–86, set out above, by substituting “subchapter II of chapter 5 of title 40, sections 541–555 and 1302 of title 40” for “section 303b of title 40, sections 483 and 484 of title 40”, could not be executed.]
[Section 403 of Pub. L. 102–86, set out above, was classified to section 493 of former Title 36 prior to the general revision and enactment of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, by Pub. L. 105–225, § 1, , 112 Stat. 1253.]
Authority To Establish National Cemeteries
Pub. L. 99–576, title IV, § 414, , 100 Stat. 3284, provided that:
“(a) Authority.—
The authority of the Administrator of Veterans’ Affairs [now Secretary of Veterans Affairs] under chapter 24 of title 38, United States Code, to develop and acquire cemeteries as part of the National Cemetery System [now National Cemetery Administration] includes, but is not limited to, the authority to establish additional national cemeteries to serve the needs of veterans and their families in—
“(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) Land Acquisition.—
The Administrator [now Secretary] may acquire land necessary for a cemetery authorized by subsection (a) of this section by donation, purchase, condemnation, exchange of lands in the United States public domain, or otherwise.”
Credits
1973–1998 · 6 acts
- 1973Added Pub. L. 93–43, § 2(a), , 87 Stat. 75, § 1000
- 1986amended Pub. L. 99–576, title VII, § 701(52), , 100 Stat. 3295
- 1988Pub. L. 100–527, § 13(i), , 102 Stat. 2644
- 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
- 1991renumbered § 2400 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), , 105 Stat. 404, 406
- 1998Pub. L. 105–368, title IV, § 403(c)(3), , 112 Stat. 3338.
Show as published
(Added Pub. L. 93–43, § 2(a), , 87 Stat. 75, § 1000; amended Pub. L. 99–576, title VII, § 701(52), , 100 Stat. 3295; Pub. L. 100–527, § 13(i), , 102 Stat. 2644; Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077; renumbered § 2400 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), , 105 Stat. 404, 406; Pub. L. 105–368, title IV, § 403(c)(3), , 112 Stat. 3338.)