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119th Congress

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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 24 — National Cemeteries and Memorials

§ 2411. Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes

Statutory text

(a)
(1)

In the case of a person described in subsection (b), the appropriate Federal official may not—

(A)

inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

(B)

honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

(2)

In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime.

(b)

A person referred to in subsection (a) is any of the following:

(1)

A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).

(2)

A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).

(3)

A person who—

(A)

is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but

(B)

has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

(4)

A person—

(A)

who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); and

(B)

who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and

(C)

whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).

(5)

A person who—

(A)

is found (as provided in subsection (c)) to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); but

(B)

has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.

(c)

A finding under paragraph (3) or (5) of subsection (b) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official.

(d)
(1)

In a case described in subsection (e), the appropriate Federal official may reconsider a decision to—

(A)

inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or

(B)

honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Arlington National Cemetery (described in section 2409(a) of this title).

(2)
(A)
(i)

In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased 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.

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. Pub. L. 105–116 § 1(a) · 111 Stat. 2381

    Enacted · 38 U.S.C. § 2411

    Added Pub. L. 105–116, § 1(a), Nov. 21, 1997, 111 Stat. 2381

    Source evidence

    Code source credit
    Added Pub. L. 105–116, § 1(a), Nov. 21, 1997, 111 Stat. 2381

    Enacted provision · exact public law section
    (a) Prohibition Against Interment or Memorialization in Certain Federal Cemeteries.— Chapter 24 of title 38, United States Code, is amended by adding at the end the following new section: “§ 2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital 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 System or in Arlington National Cemetery; or “(B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery System (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) The prohibition under paragraph (1) shall not apply unless written notice of a conviction or finding under subsection (b) is received by the appropriate Federal official before such official approves an application for 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 capital crime, or by an appropriate State official, in the case of a State capital 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 for which the person was sentenced to death or life imprisonment. “(2) A person who has been convicted of a State capital crime for which the person was sentenced to death or life imprisonment without parole. “(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. “(c) A finding under subsection (b)(3) 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) For purposes of this section: “(1) The term ‘Federal capital crime’ means an offense under Federal law for which the death penalty or life imprisonment 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 the death penalty or life imprisonment without parole may be imposed. “(3) The term ‘appropriate Federal official’ means— “(A) the Secretary, in the case of the National Cemetery System; and “(B) the Secretary of the Army, in the case of Arlington National Cemetery.”.

  2. Pub. L. 105–368 § 403(d)(1) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2411

    Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System” in section catchline.

    Enacted provision · exact public law section
    (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.

  3. Pub. L. 105–368 § 403(d)(1) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2411(a)(1)(A); 38 U.S.C. § 2411(a)(1)(B); 38 U.S.C. § 2411(d)(3)(A)

    Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System”

    Source evidence

    Code amendment note
    Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System”.

    Enacted provision · exact public law section
    (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.

  4. Pub. L. 107–330 title II § 202 · 116 Stat. 2820

    1. Substituted · 38 U.S.C. § 2411(a)(2)

      Pub. L. 107–330 substituted “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition” for “The prohibition”

    2. Substituted · 38 U.S.C. § 2411(a)(2)

      Pub. L. 107–330 substituted “referred to in subsection (b)(1) or (b)(2), as the case may be,” for “or finding under subsection (b)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 107–330 substituted “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition” for “The prohibition” and “referred to in subsection (b)(1) or (b)(2), as the case may be,” for “or finding under subsection (b)”.

    Enacted provision · exact public law section
    SEC. 202. PROCEDURES FOR DISQUALIFICATION OF PERSONS COMMITTING CAPITAL CRIMES FOR INTERMENT OR MEMORIALIZATION IN NATIONAL CEMETERIES. Section 2411(a)(2) is amended— (1) by striking “The prohibition” and inserting “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition”; and (2) by striking “or finding under subsection (b)” and inserting “referred to in subsection (b)(1) or (b)(2), as the case may be,”.

  5. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 662(a)(1)(A) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 2411(b)(1)

    Pub. L. 109–163, § 662(a)(1)(A), substituted “and whose conviction is final (other than a person whose sentence was commuted by the President)” for “for which the person was sentenced to death or life imprisonment”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 109–163, § 662(a)(1)(A), substituted “and whose conviction is final (other than a person whose sentence was commuted by the President)” for “for which the person was sentenced to death or life imprisonment”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “for which the person was sentenced to death or life imprisonment” and inserting “and whose conviction is final (other than a person whose sentence was commuted by the President)”; and

  6. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 662(a)(1)(B) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 2411(b)(2)

    Pub. L. 109–163, § 662(a)(1)(B), substituted “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)” for “for which the person was sentenced to death or life imprisonment without parole”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 109–163, § 662(a)(1)(B), substituted “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)” for “for which the person was sentenced to death or life imprisonment without parole”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “for which the person was sentenced to death or life imprisonment without parole” and inserting “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)”; and

  7. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 662(a)(2)(A) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 2411(d)(1)

    Pub. L. 109–163, § 662(a)(2)(A), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment may be imposed”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–163, § 662(a)(2)(A), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment may be imposed”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “the death penalty or life imprisonment may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”; and

  8. National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 662(a)(2)(B) · 119 Stat. 3136

    Substituted · 38 U.S.C. § 2411(d)(2)

    Pub. L. 109–163, § 662(a)(2)(B), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment without parole may be imposed”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 109–163, § 662(a)(2)(B), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment without parole may be imposed”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “the death penalty or life imprisonment without parole may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”.

  9. Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 § 105(b) · 126 Stat. 2417

    1. Substituted · 38 U.S.C. § 2411(a)(2)

      Pub. L. 112–260, § 105(b), substituted “, (b)(2), or (b)(4)” for “or (b)(2)” in two places

    2. Struck · 38 U.S.C. § 2411(a)(2)

      Pub. L. 112–260, § 105(b), struck out “capital” before “crime” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–260, § 105(b), substituted “, (b)(2), or (b)(4)” for “or (b)(2)” in two places and struck out “capital” before “crime” in two places.

    Enacted provision · exact public law section
    (b) Conforming Amendments.— Section 2411(a)(2) of such title is amended— (1) by striking “or (b)(2)” each place it appears and inserting “, (b)(2), or (b)(4)”; and (2) by striking “capital” each place it appears.

    Effective date note
    Pub. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that: “The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].” Pub. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”

  10. Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 § 105(a) · 126 Stat. 2417

    Added · 38 U.S.C. § 2411(b)(4)

    Pub. L. 112–260, § 105(a), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 112–260, § 105(a), added par. (4).

    Enacted provision · exact public law section
    (a) Prohibition Against.— Section 2411(b) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(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 (42 U.S.C. 16901 et seq.); “(B) who, for such crime, is sentenced to a minimum of life imprisonment; 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).” .

    Effective date note
    Pub. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that: “The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].” Pub. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”

  11. Alicia Dawn Koehl Respect for National Cemeteries Act

    Pub. L. 113–65 § 2(b) · 127 Stat. 669

    Struck · 38 U.S.C. § 2411(a)(2)

    Pub. L. 113–65, § 2(b), struck out “such official approves an application for” after “received by the appropriate Federal official before”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 113–65, § 2(b), struck out “such official approves an application for” after “received by the appropriate Federal official before”.

    Enacted provision · exact public law section
    (b) Modification of Exception To Interment or Memorialization Prohibition.— Subsection (a)(2) of such section is amended by striking “such official approves an application for”.

    Effective date note
    Pub. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that: “The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].” Pub. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”

  12. Alicia Dawn Koehl Respect for National Cemeteries Act

    Pub. L. 113–65 § 2(a) · 127 Stat. 669

    1. Added · 38 U.S.C. § 2411(d)(f)

      Pub. L. 113–65, § 2(a), added subsecs. (d) and (e)

    2. Redesignated · 38 U.S.C. § 2411(d)(f)

      Pub. L. 113–65, § 2(a), redesignated former subsec. (d) as (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 113–65, § 2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

    Enacted provision · exact public law section
    (a) Authority To Reconsider Prior Decisions.— Section 2411 of title 38, United States Code, is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections: “(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 or a State capital crime 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 or a State capital crime 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.” .

    Effective date note
    Pub. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that: “The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].” Pub. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”

  13. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 title VI § 601(14) · 129 Stat. 530

    Substituted · 38 U.S.C. § 2411(e)(1)

    Pub. L. 114–58 substituted “Federal official” for “federal official” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 114–58 substituted “Federal official” for “federal official” in introductory provisions.

    Enacted provision · exact public law section
    (14) in section 2411(e)(1), by striking “federal official” and inserting “Federal official”;

  14. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(1) · 136 Stat. 6278

    Substituted · 38 U.S.C. § 2411

    Pub. L. 117–355, § 6(a)(1), substituted “certain Federal or State crimes” for “Federal or State capital crimes” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 117–355, § 6(a)(1), substituted “certain Federal or State crimes” for “Federal or State capital crimes” in section catchline.

    Enacted provision · exact public law section
    (1) in the section heading— (A) by inserting “certain” before “Federal”; and (B) by striking “capital”;

  15. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(2)(A)(i) · 136 Stat. 6278

    Substituted · 38 U.S.C. § 2411(b)(4)(A)

    Pub. L. 117–355, § 6(a)(2)(A)(i), substituted “(34 U.S.C. 20901 et seq.); and” for “(42 U.S.C. 16901 et seq.);”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 117–355, § 6(a)(2)(A)(i), substituted “(34 U.S.C. 20901 et seq.); and” for “(42 U.S.C. 16901 et seq.);”.

    Enacted provision · exact public law section
    (i) in subparagraph (A), by striking “(42 U.S.C. 16901 et seq.);” and inserting “(34 U.S.C. 20901 et seq.); and”; and

  16. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(2)(A)(ii) · 136 Stat. 6278

    Inserted · 38 U.S.C. § 2411(b)(4)(B)

    Pub. L. 117–355, § 6(a)(2)(A)(ii), inserted “or to a period of 99 years or more” after “life imprisonment”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. L. 117–355, § 6(a)(2)(A)(ii), inserted “or to a period of 99 years or more” after “life imprisonment”.

    Enacted provision · exact public law section
    (ii) in subparagraph (B), by inserting “or to a period of 99 years or more” after “life imprisonment”; and

  17. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(2)(B) · 136 Stat. 6278

    Added · 38 U.S.C. § 2411(b)(5)

    Pub. L. 117–355, § 6(a)(2)(B), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 117–355, § 6(a)(2)(B), added par. (5).

    Enacted provision · exact public law section
    (B) by adding at the end the following new paragraph: “(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.” ;

  18. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(3) · 136 Stat. 6278

    Substituted · 38 U.S.C. § 2411(c)

    Pub. L. 117–355, § 6(a)(3), substituted “paragraph (3) or (5) of subsection (b)” for “subsection (b)(3)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 117–355, § 6(a)(3), substituted “paragraph (3) or (5) of subsection (b)” for “subsection (b)(3)”.

    Enacted provision · exact public law section
    (3) in subsection (c), by striking “subsection (b)(3)” and inserting “paragraph (3) or (5) of subsection (b)”;

  19. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(4) · 136 Stat. 6278

    Substituted · 38 U.S.C. § 2411(d)(2)(A)(ii)

    Pub. L. 117–355, § 6(a)(4), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(A)(ii). Pub. L. 117–355, § 6(a)(4), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

    Enacted provision · exact public law section
    (4) in subsection (d)(2)(A)(ii), by striking “or a State capital crime” and inserting “, 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.),”; and

  20. National Cemeteries Preservation and Protection Act of 2022

    Pub. L. 117–355 § 6(a)(5) · 136 Stat. 6278

    Substituted · 38 U.S.C. § 2411(e)(1)(B)

    Pub. L. 117–355, § 6(a)(5), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 117–355, § 6(a)(5), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

    Enacted provision · exact public law section
    (5) in subsection (e)(1)(B), by striking “or a State capital crime” and inserting “, 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.),”.

23 of 23 references resolved to an enrolled provision

Editorial Notes

References in Text

The Sex Offender Registration and Notification Act, referred to in subsecs. (b)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of Pub. L. 109–248, , 120 Stat. 590, which is classified principally to subchapter I (§ 20901 et seq.) of chapter 209 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see section 101 of Pub. L. 109–248, set out as a Short Title of 2006 Act note under section 10101 of Title 34, and Tables.

Amendments1998–2023 · 6 rounds

2023

Pub. L. 117–355, § 6(a)(1), substituted “certain Federal or State crimes” for “Federal or State capital crimes” in section catchline.

Subsec. (b)(4)(A). Pub. L. 117–355, § 6(a)(2)(A)(i), substituted “(34 U.S.C. 20901 et seq.); and” for “(42 U.S.C. 16901 et seq.);”.

Subsec. (b)(4)(B). Pub. L. 117–355, § 6(a)(2)(A)(ii), inserted “or to a period of 99 years or more” after “life imprisonment”.

Subsec. (b)(5). Pub. L. 117–355, § 6(a)(2)(B), added par. (5).

Subsec. (c). Pub. L. 117–355, § 6(a)(3), substituted “paragraph (3) or (5) of subsection (b)” for “subsection (b)(3)”.

Subsec. (d)(2)(A)(ii). Pub. L. 117–355, § 6(a)(4), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

Subsec. (e)(1)(B). Pub. L. 117–355, § 6(a)(5), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

2015

Subsec. (e)(1). Pub. L. 114–58 substituted “Federal official” for “federal official” in introductory provisions.

2013

Subsec. (a)(2). Pub. L. 113–65, § 2(b), struck out “such official approves an application for” after “received by the appropriate Federal official before”.

Pub. L. 112–260, § 105(b), substituted “, (b)(2), or (b)(4)” for “or (b)(2)” in two places and struck out “capital” before “crime” in two places.

Subsec. (b)(4). Pub. L. 112–260, § 105(a), added par. (4).

Subsecs. (d) to (f). Pub. L. 113–65, § 2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

2006

Subsec. (b)(1). Pub. L. 109–163, § 662(a)(1)(A), substituted “and whose conviction is final (other than a person whose sentence was commuted by the President)” for “for which the person was sentenced to death or life imprisonment”.

Subsec. (b)(2). Pub. L. 109–163, § 662(a)(1)(B), substituted “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)” for “for which the person was sentenced to death or life imprisonment without parole”.

Subsec. (d)(1). Pub. L. 109–163, § 662(a)(2)(A), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment may be imposed”.

Subsec. (d)(2). Pub. L. 109–163, § 662(a)(2)(B), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment without parole may be imposed”.

2002

Subsec. (a)(2). Pub. L. 107–330 substituted “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition” for “The prohibition” and “referred to in subsection (b)(1) or (b)(2), as the case may be,” for “or finding under subsection (b)”.

1998

Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System” in section catchline.

Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105–368, § 403(d)(1), substituted “Administration” for “System”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–65, § 2(c), , 127 Stat. 671, provided that: “The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [].”

Pub. L. 112–260, title I, § 105(c), , 126 Stat. 2421, provided that: “The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [].”

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–163 applicable with respect to funerals and burials that occur on or after , see section 662(e) of Pub. L. 109–163, set out as a note under section 985 of Title 10, Armed Forces.

Effective Date

Pub. L. 105–116, § 1(c), , 111 Stat. 2382, provided that: “Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act [].”

Regulations

Pub. L. 109–163, div. A, title VI, § 662(d)(1), , 119 Stat. 3315, provided that: “The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.”

Credits

1997–2023 · 8 acts
  1. 1997Added Pub. L. 105–116, § 1(a), , 111 Stat. 2381
  2. 1998amended Pub. L. 105–368, title IV, § 403(d)(1), , 112 Stat. 3339
  3. 2002Pub. L. 107–330, title II, § 202, , 116 Stat. 2824
  4. 2006Pub. L. 109–163, div. A, title VI, § 662(a), , 119 Stat. 3314
  5. 2013Pub. L. 112–260, title I, § 105(a), (b), , 126 Stat. 2421
  6. 2013Pub. L. 113–65, § 2(a), (b), , 127 Stat. 669, 671
  7. 2015Pub. L. 114–58, title VI, § 601(14), , 129 Stat. 539
  8. 2023Pub. L. 117–355, § 6(a), , 136 Stat. 6280.
Show as published

(Added Pub. L. 105–116, § 1(a), , 111 Stat. 2381; amended Pub. L. 105–368, title IV, § 403(d)(1), , 112 Stat. 3339; Pub. L. 107–330, title II, § 202, , 116 Stat. 2824; Pub. L. 109–163, div. A, title VI, § 662(a), , 119 Stat. 3314; Pub. L. 112–260, title I, § 105(a), (b), , 126 Stat. 2421; Pub. L. 113–65, § 2(a), (b), , 127 Stat. 669, 671; Pub. L. 114–58, title VI, § 601(14), , 129 Stat. 539; Pub. L. 117–355, § 6(a), , 136 Stat. 6280.)

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