§ 2404. Administration

Footnotes

1. 1 So in original. The period probably should be a semicolon.

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.

1. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 2(a) · 87 Stat. 75

   Enacted · 38 U.S.C. § 2404

   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 76, § 1004

   Source evidence

   Code source credit
   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 76, § 1004

   Enacted 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.”

2. 1986

   Pub. L. 99–576 § 701(55)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2404(b)

   Pub. L. 99–576, § 701(55)(B), substituted “the Administrator” for “he” before “is responsible”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576, § 701(55)(B), substituted “the Administrator” for “he” before “is responsible”.

   Enacted provision · exact public law section
   (B) in subsections (b), (e), and (g), by striking out “he” and inserting in lieu thereof “the Administrator”; and

3. 1986

   Pub. L. 99–576 § 411 · 100 Stat. 3248

   1. Amended · 38 U.S.C. § 2404(c)

      Pub. L. 99–576, § 411, designated existing provisions as par. (1)

   2. Substituted · 38 U.S.C. § 2404(c)

      Pub. L. 99–576, § 411, substituted “Subject to paragraph (2), each” for “Each”

   3. Added · 38 U.S.C. § 2404(c)

      Pub. L. 99–576, § 411, added par. (2)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 411, designated existing provisions as par. (1), substituted “Subject to paragraph (2), each” for “Each”, and added par. (2).

   Enacted provision · exact public law section
   SEC. 411. NATIONAL CEMETERY GRAVE MARKERS. Section 1004(c) is amended— (1) by striking out “Each” and inserting in lieu thereof “(1) Subject to paragraph (2), each”; and (2) by adding at the end the following: “(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 to the Congress in justification for the amounts included for Veterans’ Administration programs in the President’s Budget for fiscal year 1987, the Administrator may provide for flat grave markers; and “(B) in the case of any cemetery with a section which has flat markers on the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986, the Administrator may continue to provide for flat grave markers in such section.”.

4. 1986

   Pub. L. 99–576 § 701(55)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2404(d)

   Pub. L. 99–576, § 701(55)(A), substituted “the veteran” for “he”

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 99–576, § 701(55)(A), substituted “the veteran” for “he”.

   Enacted provision · exact public law section
   (A) in subsection (d), by striking out “he” each place it appears and inserting in lieu thereof “the veteran”;

5. 1986

   Pub. L. 99–576 § 701(55)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2404(e); 38 U.S.C. § 2404(g)

   Pub. L. 99–576, § 701(55)(B), (C), substituted “the Administrator” and “the Administrator’s” for “he” and “his”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (e), (g). Pub. L. 99–576, § 701(55)(B), (C), substituted “the Administrator” and “the Administrator’s” for “he” and “his”, respectively, wherever appearing.

   Enacted provision · exact public law section
   (B) in subsections (b), (e), and (g), by striking out “he” and inserting in lieu thereof “the Administrator”; and

6. 1988

   Veterans

   Pub. L. 100–322 § 341(a) · 102 Stat. 487

   Added · 38 U.S.C. § 2404(c)(2)(C); 38 U.S.C. § 2404(c)(2)(D)

   Pub. L. 100–322, § 341(a), added subpars. (C) and (D)

   Source evidence

   Code amendment note
   Subsec. (c)(2)(C), (D). Pub. L. 100–322, § 341(a), added subpars. (C) and (D).

   Enacted provision · exact public law section
   (a) In General.— Section 1004(c)(2) is amended— (1) by striking out “and” at the end of clause (A); (2) by striking out the period at the end and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new clauses: “(C) in the case of any cemetery located on the grounds of or adjacent to a Veterans’ Administration health-care facility, the Administrator may provide for flat grave markers; and “(D) in the case of grave sites of cremated remains that are interred in the ground, the Administrator may provide for flat grave markers.”.

7. 1988

   Veterans

   Pub. L. 100–322 § 342 · 102 Stat. 487

   1. Amended · 38 U.S.C. § 2404(f)

      Pub. L. 100–322, § 342, designated existing provisions as par. (1)

   2. Added · 38 U.S.C. § 2404(f)

      Pub. L. 100–322, § 342, added par. (2)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 100–322, § 342, designated existing provisions as par. (1) and added par. (2).

   Enacted provision · exact public law section
   SEC. 342. CONTRIBUTIONS FOR CERTAIN PROJECTS. Section 1004(f) is amended— (1) by striking out “The” and inserting in lieu thereof “(1) The”; and (2) by adding at the end the following new paragraph: “(2) The Administrator 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 Administrator determines that such a contribution is essential to ensure safe ingress to or egress from the cemetery.”.

8. 1989

   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. § 2404

   Pub. L. 101–237 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

   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.

9. 1991

   Pub. L. 102–54 § 14(b)(21) · 105 Stat. 267

   Substituted · 38 U.S.C. § 2404(c)(2)(B)

   Pub. L. 102–54 substituted “October 28, 1986” for “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(B). Pub. L. 102–54 substituted “October 28, 1986” for “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986”.

   Enacted provision · exact public law section
   (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”.

10. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2404

    Pub. L. 102–83, § 5(a), renumbered section 1004 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1004 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.

11. 1991

    Pub. L. 102–83 § 4(b)(7) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2404(c)(2)(A)

    Pub. L. 102–83, § 4(b)(7), substituted “Administrator of Veterans’ Affairs” for “Secretary”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(A). Pub. L. 102–83, § 4(b)(7), substituted “Administrator of Veterans’ Affairs” for “Secretary”.

    Enacted provision · exact public law section
    (7) Section 1004(c)(2)(A) is amended by striking out “Secretary” the first place it appears and inserting in lieu thereof “Administrator of Veterans’ Affairs”.

12. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2404(c)(2)(C)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(C). 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”.

13. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2404(d)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration”

    Source evidence

    Code amendment note
    Subsec. (d). 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”.

14. 2013

    Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 title I § 102(a) · 126 Stat. 2417

    Added · 38 U.S.C. § 2404(h)

    Pub. L. 112–260 added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–260 added subsec. (h).

    Enacted provision · exact public law section
    (a) In General.— Section 2404 of title 38, United States Code, is amended by adding at the end the following new subsection: “(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.” .

15. 2023

    National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 3(1) · 136 Stat. 6278

    Added · 38 U.S.C. § 2404(c)(2)(E)

    Pub. L. 117–355, § 3(1), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (c)(2)(E). Pub. L. 117–355, § 3(1), added subpar. (E).

    Enacted provision · exact public law section
    (1) in subsection (c)(2)— (A) in subparagraph (C), by striking “; and” and inserting a semicolon; (B) in subparagraph (D), by striking the period at the end and inserting “; and”; and (C) by adding at the end the following new subparagraph: “(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

16. 2023

    National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 3(2) · 136 Stat. 6278

    Added · 38 U.S.C. § 2404(i)

    Pub. L. 117–355, § 3(2), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 117–355, § 3(2), added subsec. (i).

    Enacted provision · exact public law section
    (2) by adding at the end the following new 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.” .

17. 2024

    Pub. L. 118–83 div. B title III § 313 · 138 Stat. 1540

    Added · 38 U.S.C. § 2404(c)(2)(F)

    Pub. L. 118–83 added subpar. (F)

    Unresolved: Pub. L. 118–83 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(2)(F). Pub. L. 118–83 added subpar. (F).

19 of 20 references resolved to an enrolled provision · 1 unresolved