US (United States) Code. Title 38. Chapter 24: National Cemeteries and Memorials

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits

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-CITE-

38 USC CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-MISC1-

Sec.

2400. Establishment of National Cemetery Administration;

composition of Administration.

2401. Advisory Committee on Cemeteries and Memorials.

2402. Persons eligible for interment in national cemeteries.

2403. Memorial areas.

2404. Administration.

2405. Disposition of inactive cemeteries.

2406. Acquisition of lands.

2407. Authority to accept and maintain suitable memorials.

2408. Aid to States for establishment, expansion, and

improvement of veterans' cemeteries.

2409. Memorial areas in Arlington National Cemetery.

2410. Burial of cremated remains in Arlington National

Cemetery.

2411. Prohibition against interment or memorialization in

the National Cemetery Administration or Arlington

National Cemetery of persons committing Federal or

State capital crimes.

AMENDMENTS

1998 - Pub. L. 105-368, title IV, Sec. 403(c)(4), (d)(1), Nov.

11, 1998, 112 Stat. 3338, 3339, substituted "Administration;

composition of Administration" for "System; composition of such

system; appointment of director" in item 2400 and "Administration"

for "System" in item 2411.

1997 - Pub. L. 105-116, Sec. 1(b), Nov. 21, 1997, 111 Stat. 2382,

added item 2411.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 1000 to 1010 as 2400 to 2410, respectively.

1989 - Pub. L. 101-237, title V, Sec. 502(b), Dec. 18, 1989, 103

Stat. 2093, added item 1010.

1986 - Pub. L. 99-576, title IV, Sec. 413(b), Oct. 28, 1986, 100

Stat. 3284, added item 1009.

1978 - Pub. L. 95-476, title II, Sec. 202(b)(2), Oct. 18, 1978,

92 Stat. 1505, added item 1008.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 107 of this title; title

36 section 2105; title 46 section 11201.

-End-

-CITE-

38 USC Sec. 2400 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2400. Establishment of National Cemetery Administration;

composition of Administration

-STATUTE-

(a) There shall be within the Department a National Cemetery

Administration responsible for the interment of deceased

servicemembers and veterans. The National Cemetery Administration

shall be headed by the Under Secretary for Memorial Affairs, who

shall perform such functions as may be assigned by the Secretary.

(b) The national cemeteries and other facilities under the

control of the National Cemetery Administration shall consist of -

(1) national cemeteries transferred from the Department of the

Army to the Veterans' Administration by the National Cemeteries

Act of 1973;

(2) cemeteries under the jurisdiction of the Veterans'

Administration on the date of enactment of this chapter; and

(3) any other cemetery, memorial, or monument transferred to

the Veterans' Administration by the National Cemeteries Act of

1973, or later acquired or developed by the Secretary.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec.

1000; amended Pub. L. 99-576, title VII, Sec. 701(52), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 100-527, Sec. 13(i), Oct. 25, 1988,

102 Stat. 2644; Pub. L. 101-237, title III, Sec. 313(b)(1), Dec.

18, 1989, 103 Stat. 2077; renumbered Sec. 2400 and amended Pub. L.

102-83, Secs. 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406;

Pub. L. 105-368, title IV, Sec. 403(c)(3), Nov. 11, 1998, 112 Stat.

3338.)

-REFTEXT-

REFERENCES IN TEXT

The National Cemeteries Act of 1973, referred to in subsec.

(b)(1), (3), is Pub. L. 93-43, June 18, 1973, 87 Stat. 75, as

amended, which is classified principally to this chapter (Sec. 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 June 18, 1973.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-368, Sec. 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, Sec. 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, Sec. 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, Sec. 5(a), renumbered section 1000 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 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".

-CHANGE-

CHANGE OF NAME

Pub. L. 105-368, title IV, Sec. 403(a)(1), Nov. 11, 1998, 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, Sec. 403(d), Nov. 11, 1998, 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."

-MISC2-

EFFECTIVE DATE OF 1988 AMENDMENT

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.

EFFECTIVE DATE

Section 10(a) of Pub. L. 93-43 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 [June 18, 1973]."

SHORT TITLE

For short title of Pub. L. 93-43, June 18, 1973, 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.

ESTABLISHMENT OF ADDITIONAL NATIONAL CEMETERIES

Pub. L. 106-117, title VI, Sec. 611, Nov. 30, 1999, 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 [Nov. 30, 1999], 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, Oct. 21, 1998, 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, Sec. 403, Aug. 14, 1991, 105 Stat. 422,

as amended by Pub. L. 103-79, Sec. 4, Aug. 13, 1993, 107 Stat. 772;

Pub. L. 103-446, title XII, Sec. 1202(c), Nov. 2, 1994, 108 Stat.

4689; Pub. L. 107-217, Sec. 3(o), Aug. 21, 2002, 116 Stat. 1303;

Pub. L. 107-330, title III, Sec. 308(i), Dec. 6, 2002, 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, Sec. 1, Aug. 12,

1998, 112 Stat. 1253.]

AUTHORITY TO ESTABLISH NATIONAL CEMETERIES

Section 414 of Pub. L. 99-576 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 307 of this title.

-End-

-CITE-

38 USC Sec. 2401 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2401. Advisory Committee on Cemeteries and Memorials

-STATUTE-

There shall be appointed by the Secretary an Advisory Committee

on Cemeteries and Memorials. The Secretary shall advise and consult

with the Committee from time to time with respect to the

administration of the cemeteries for which the Secretary is

responsible, and with respect to the selection of cemetery sites,

the erection of appropriate memorials, and the adequacy of Federal

burial benefits. The Committee shall make periodic reports and

recommendations to the Secretary and to Congress.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec.

1001; amended Pub. L. 99-576, title VII, Sec. 701(53), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2401, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1001 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he"

before "is responsible".

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which a periodic report to Congress on the Advisory Committee on

Cemeteries and Memorials is listed on page 145), see section 3003

of Pub. L. 104-66, as amended, set out as a note under section 1113

of Title 31, Money and Finance.

-End-

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38 USC Sec. 2402 01/06/03

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TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2402. Persons eligible for interment in national cemeteries

-STATUTE-

Under such regulations as the Secretary may prescribe and subject

to the provisions of section 6105 of this title, the remains of the

following persons may be buried in any open national cemetery under

the control of the National Cemetery Administration:

(1) Any veteran (which for the purposes of this chapter includes

a person who died in the active military, naval, 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 such member is

hospitalized or undergoing treatment, at the expense of the United

States, for injury or disease contracted or incurred under

honorable conditions while such member is performing active duty

for training, inactive duty training, or undergoing that

hospitalization or treatment at the expense of the United States.

(3) Any member of the Reserve Officers' Training Corps of the

Army, Navy, or Air Force whose death occurs under honorable

conditions while such member is -

(A) attending an authorized training camp or on an authorized

practice cruise;

(B) performing authorized travel to or from that camp or

cruise; or

(C) hospitalized or undergoing treatment, at the expense of the

United States, for injury or disease contracted or incurred under

honorable conditions while such member is -

(i) attending that camp or on that cruise;

(ii) performing that travel; or

(iii) undergoing that hospitalization or treatment at the

expense of the United States.

(4) Any citizen of the United States who, during any war in which

the United States is or has been engaged, served in the armed

forces of any government allied with the United States during that

war, and whose last such service terminated honorably.

(5) The spouse, surviving spouse (which for purposes of this

chapter includes an unremarried surviving spouse who had a

subsequent remarriage which was terminated by death or divorce),

minor child (which for purposes of this chapter includes a child

under 21 years of age, or under 23 years of age if pursuing a

course of instruction at an approved educational institution), and,

in the discretion of the Secretary, unmarried adult child of any of

the persons listed in paragraphs (1) through (4) and paragraph (7).

(6) Such other persons or classes of persons as may be designated

by the Secretary.

(7) Any person who at the time of death was entitled to retired

pay under chapter 1223 of title 10 or would have been entitled to

retired pay under that chapter but for the fact that the person was

under 60 years of age.

(8) Any individual whose service is described in section 107(a)

of this title if such individual at the time of death -

(A) was a citizen of the United States or an alien lawfully

admitted for permanent residence in the United States; and

(B) resided in the United States.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec.

1002; amended Pub. L. 99-576, title VII, Sec. 701(54), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102-40, title IV, Sec.

402(d)(1), May 7, 1991, 105 Stat. 239; renumbered Sec. 2402, Pub.

L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-240,

Sec. 1, May 4, 1994, 108 Stat. 609; Pub. L. 103-446, title VIII,

Secs. 801, 802, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 104-275,

title II, Sec. 211, Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105-368,

title IV, Sec. 403(c)(5), Nov. 11, 1998, 112 Stat. 3338; Pub. L.

106-419, title III, Sec. 331(a), title IV, Sec. 404(a)(5), Nov. 1,

2000, 114 Stat. 1856, 1865.)

-MISC1-

AMENDMENTS

2000 - Par. (7). Pub. L. 106-419, Sec. 404(a)(5), substituted

"chapter 1223 of title 10" for "chapter 67 of title 10".

Par. (8). Pub. L. 106-419, Sec. 331(a), added par. (8).

1998 - Pub. L. 105-368 substituted "under the control of the

National Cemetery Administration" for "in the National Cemetery

System" in introductory provisions.

1996 - Par. (5). Pub. L. 104-275 inserted "(which for purposes of

this chapter includes a child under 21 years of age, or under 23

years of age if pursuing a course of instruction at an approved

educational institution)" after "minor child".

1994 - Par. (5). Pub. L. 103-446 inserted "spouse," after "The"

and "(which for purposes of this chapter includes an unremarried

surviving spouse who had a subsequent remarriage which was

terminated by death or divorce)" after "surviving spouse".

Pub. L. 103-240, Sec. 1(b), inserted "and paragraph (7)" after

"paragraphs (1) through (4)".

Par. (7). Pub. L. 103-240, Sec. 1(a), added par. (7).

1991 - Pub. L. 102-83 renumbered section 1002 of this title as

this section.

Pub. L. 102-40 substituted "6105" for "3505" in introductory

provisions.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Pars. (2), (3). Pub. L. 99-576, Sec. 701(54)(A),

substituted "while such member" for "while he" wherever appearing.

Par. (5). Pub. L. 99-576, Sec. 701(54)(B), struck out "wife,

husband," before "surviving spouse".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by section 331(a) of Pub. L. 106-419 applicable with

respect to deaths occurring on or after Nov. 1, 2000, see section

331(c) of Pub. L. 106-419, set out as a note under section 107 of

this title.

ELIGIBILITY OF FORMER PRISONERS OF WAR FOR BURIAL IN ARLINGTON

NATIONAL CEMETERY

Pub. L. 103-160, div. A, title XI, Sec. 1176, Nov. 30, 1993, 107

Stat. 1768, provided that:

"(a) Eligibility for Burial. - Former prisoners of war described

in subsection (b) are eligible for burial in Arlington National

Cemetery, Arlington, Virginia.

"(b) Eligible Former POWs. - A former prisoner of war referred to

in subsection (a) is a former prisoner of war -

"(1) who dies on or after the date of the enactment of this Act

[Nov. 30, 1993]; and

"(2) who, while a prisoner of war, served honorably in the

active military, naval, or air service, as determined under

regulations prescribed by the Secretary of the military

department concerned.

"(c) Savings Provision. - This section may not be construed to

make ineligible for burial in Arlington National Cemetery a former

prisoner of war who is eligible to be buried in that cemetery under

another provision of law.

"(d) Regulations. - This section shall be carried out under

regulations prescribed by the Secretary of the Army. Those

regulations may prescribe a minimum period of internment as a

prisoner of war for purposes of eligibility under this section for

burial in Arlington National Cemetery.

"(e) Definitions. - For purposes of this section:

"(1) The term 'former prisoner of war' has the meaning given

such term in section 101(32) of title 38, United States Code.

"(2) The term 'active military, naval, or air service' has the

meaning given such term in section 101(24) of such title."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 107, 2301, 2306 of this

title.

-End-

-CITE-

38 USC Sec. 2403 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2403. Memorial areas

-STATUTE-

(a) The Secretary shall set aside, when available, suitable areas

in national cemeteries to honor the memory of members of the Armed

Forces and veterans -

(1) who are missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the member's

or veteran's own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and the ashes scattered without

interment of any portion of the ashes.

(b) Under regulations prescribed by the Secretary, group

memorials may be placed to honor the memory of groups of

individuals referred to in subsection (a), and appropriate memorial

headstones and markers may be placed to honor the memory of

individuals referred to in subsection (a) and section 2306(b) of

this title.

(c) All national and other veterans' cemeteries under the control

of the National Cemetery Administration shall be considered

national shrines as a tribute to our gallant dead and,

notwithstanding the provisions of any other law, the Secretary is

hereby authorized to permit appropriate officials to fly the flag

of the United States of America at such cemeteries twenty-four

hours each day.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 76, Sec.

1003; amended Pub. L. 97-66, title VI, Sec. 603(b), Oct. 17, 1981,

95 Stat. 1034; Pub. L. 97-295, Sec. 4(34), Oct. 12, 1982, 96 Stat.

1307; Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989,

103 Stat. 2077; renumbered Sec. 2403, Pub. L. 102-83, Sec. 5(a),

Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-368, title IV, Secs.

401(c), 403(c)(6), Nov. 11, 1998, 112 Stat. 3335, 3339.)

-REFTEXT-

REFERENCES IN TEXT

For cemeteries under the control of the National Cemetery

Administration, referred to in subsec. (c), see section 2400(b) of

this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (b). Pub. L. 105-368, Sec. 401(c), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

"Under regulations prescribed by the Secretary, 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."

Subsec. (c). Pub. L. 105-368, Sec. 403(c)(6), substituted "under

the control of the National Cemetery Administration" for "in the

National Cemetery System created by this chapter".

1991 - Pub. L. 102-83 renumbered section 1003 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1982 - Subsec. (c). Pub. L. 97-295 substituted "chapter" for

"Act" after "created by this".

1981 - Subsec. (a). Pub. L. 97-66 substituted provisions relating

to members of the Armed Forces and veterans, for provisions that

related only to members of the Armed Forces, struck out provisions

limiting the subsection to persons who died or were killed while

serving in the Armed Forces, and inserted provisions relating to

persons whose remains have not been recovered, whose remains were

donated to science, or whose remains were cremated and the ashes

scattered without interment of any portion of the ashes.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 applicable with respect to veterans

dying before, on, or after Oct. 17, 1981, see section 701(b)(6) of

Pub. L. 97-66, set out as a note under section 1114 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2306, 2411 of this title.

-End-

-CITE-

38 USC Sec. 2404 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2404. Administration

-STATUTE-

(a) The Secretary is authorized to make all rules and regulations

which are necessary or appropriate to carry out the provisions of

this chapter, and may designate those cemeteries which are

considered to be national cemeteries.

(b) In conjunction with the development and administration of

cemeteries for which the Secretary is responsible, the Secretary

shall provide all necessary facilities including, as necessary,

superintendents' lodges, chapels, crypts, mausoleums, and

columbaria.

(c)(1) Subject to paragraph (2), each grave in a national

cemetery shall be marked with an appropriate marker. Such marker

shall bear the name of the person buried, the number of the grave,

and such other information as the Secretary shall by regulation

prescribe.

(2) The grave markers referred to in paragraph (1) shall be

upright for interments that occur on or after January 1, 1987,

except that -

(A) in the case of any cemetery scheduled to be closed by

September 30, 1991, as indicated in the documents submitted by

the Administrator of Veterans' Affairs to the Congress in

justification for the amounts included for Veterans'

Administration programs in the President's Budget for fiscal year

1987, the Secretary may provide for flat grave markers;

(B) in the case of any cemetery with a section which has flat

markers on October 28, 1986, the Secretary may continue to

provide for flat grave markers in such section;

(C) in the case of any cemetery located on the grounds of or

adjacent to a Department health-care facility, the Secretary may

provide for flat grave markers; and

(D) in the case of grave sites of cremated remains that are

interred in the ground, the Secretary may provide for flat grave

markers.

(d) There shall be kept in each national cemetery, and at the

main office of the Department, a register of burials in each

cemetery setting forth the name of each person buried in the

cemetery, the number of the grave in which the veteran is buried,

and such other information as the Secretary by regulation may

prescribe.

(e) In carrying out the Secretary's responsibilities under this

chapter, the Secretary may contract with responsible persons,

firms, or corporations for the care and maintenance of such

cemeteries under the Secretary's jurisdiction as the Secretary

shall choose, under such terms and conditions as the Secretary may

prescribe.

(f)(1) The Secretary is authorized to convey to any State, or

political subdivision thereof, in which any national cemetery is

located, all right, title, and interest of the United States in and

to any Government owned or controlled approach road to such

cemetery if, prior to the delivery of any instrument of conveyance,

the State or political subdivision to which such conveyance is to

be made notifies the Secretary in writing of its willingness to

accept and maintain the road included in such conveyance. Upon the

execution and delivery of such a conveyance, the jurisdiction of

the United States over the road conveyed shall cease and thereafter

vest in the State or political subdivision concerned.

(2) The Secretary may, to the extent of appropriated funds

available for such purpose, make a contribution to local

authorities for the construction of road improvements or traffic

controls or other devices on land adjacent to a national cemetery

if the Secretary determines that such a contribution is essential

to ensure safe ingress to or egress from the cemetery.

(g) Notwithstanding any other provision of law, the Secretary may

at such time as the Secretary deems desirable, relinquish to the

State in which any cemetery, monument, or memorial under the

Secretary's jurisdiction is located, such portion of legislative

jurisdiction over the lands involved as is necessary to establish

concurrent jurisdiction between the Federal Government and the

State concerned. Such partial relinquishment of jurisdiction under

the authority of this subsection may be made by filing with the

Governor of the State involved a notice of such relinquishment and

shall take effect upon acceptance thereof by the State in such

manner as its laws may prescribe.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 76, Sec.

1004; amended Pub. L. 99-576, title IV, Sec. 411, title VII, Sec.

701(55), Oct. 28, 1986, 100 Stat. 3283, 3295; Pub. L. 100-322,

title III, Secs. 341(a), 342, May 20, 1988, 102 Stat. 539, 540;

Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103

Stat. 2077; Pub. L. 102-54, Sec. 14(b)(21), June 13, 1991, 105

Stat. 284; renumbered Sec. 2404 and amended Pub. L. 102-83, Secs.

4(a)(3), (4), (b)(7), 5(a), Aug. 6, 1991, 105 Stat. 404-406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1004 of this

title as this section.

Subsec. (c)(2)(A). Pub. L. 102-83, Sec. 4(b)(7), substituted

"Administrator of Veterans' Affairs" for "Secretary".

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".

Subsec. (c)(2)(C). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

Subsec. (d). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted

"Department" for "Veterans' Administration".

1989 - Pub. L. 101-237 substituted "Secretary" and "Secretary's"

for "Administrator" and "Administrator's", respectively, wherever

appearing.

1988 - Subsec. (c)(2)(C), (D). Pub. L. 100-322, Sec. 341(a),

added subpars. (C) and (D).

Subsec. (f). Pub. L. 100-322, Sec. 342, designated existing

provisions as par. (1) and added par. (2).

1986 - Subsec. (b). Pub. L. 99-576, Sec. 701(55)(B), substituted

"the Administrator" for "he" before "is responsible".

Subsec. (c). Pub. L. 99-576, Sec. 411, designated existing

provisions as par. (1), substituted "Subject to paragraph (2),

each" for "Each", and added par. (2).

Subsec. (d). Pub. L. 99-576, Sec. 701(55)(A), substituted "the

veteran" for "he".

Subsecs. (e), (g). Pub. L. 99-576, Sec. 701(55)(B), (C),

substituted "the Administrator" and "the Administrator's" for "he"

and "his", respectively, wherever appearing.

-TRANS-

TRANSFER OF FUNCTIONS

Section 6 of Pub. L. 93-43 provided that:

"[Jurisdiction] (a)(1) There are hereby transferred from the

Secretary of the Army to the Administrator of Veterans' Affairs all

jurisdiction over, and responsibility for, (A) all national

cemeteries (except the cemetery at the United States Soldiers' and

Airmen's Home and Arlington National Cemetery), and (B) any other

cemetery (including burial plots), memorial, or monument under the

jurisdiction of the Secretary of the Army immediately preceding the

effective date of this section [see note hereunder] (except the

cemetery located at the United States Military Academy at West

Point) which the President determines would be appropriate in

carrying out the purposes of this Act [see Tables for

classification].

"(2) There are hereby transferred from the Secretary of the Navy

and the Secretary of the Air Force to the Administrator of

Veterans' Affairs all jurisdiction over, and responsibility for,

any cemetery (including burial plots), memorial, or monument under

the jurisdiction of either Secretary immediately preceding the

effective date of this section [see note hereunder] (except those

cemeteries located at the United States Naval Academy at Annapolis,

the United States Naval Home Cemetery at Philadelphia, and the

United States Air Force Academy at Colorado Springs) which the

President determines would be appropriate in carrying out the

purposes of this Act [see Tables for classification].

"[Personnel; property; records; and funds] (b) So much of the

personnel, property, records, and unexpended balances of

appropriations, allocations, and other funds available to, or under

the jurisdiction of, the Secretary of the Army, the Secretary of

the Navy, and the Secretary of the Air Force, in connection with

functions transferred by this Act, as determined by the Director of

the Office of Management and Budget, are transferred to the

Administrator of Veterans' Affairs.

"[Savings provision; offenses, penalties and forfeitures] (c) All

offenses committed and all penalties an forfeitures incurred under

any of the provisions of law amended or repealed by this Act may be

prosecuted and punished in the same manner and with the same effect

as if such amendments or repeals had not been made.

"[Same; rules; regulations, permits, and other privileges] (d)

All rules, regulations, orders, permits, and other privileges

issued or granted by the Secretary of the Army, the Secretary of

the Navy, or the Secretary of the Air Force with respect to the

cemeteries, memorials, and monuments transferred to the Veterans'

Administration by this Act, unless contrary to the provisions of

such Act, shall remain in full force and effect until modified,

suspended, overruled, or otherwise changed by the Administrator of

Veterans' Affairs, by any court of competent jurisdiction, or by

operation of law.

"[Abatement of proceedings; proceedings against United States or

officer of Veterans' Administration; judicial orders; continuation

of suits by Administrator] (e) No suit, action, or other proceeding

commenced by or against any officer in his official capacity as an

official of the Department of the Army, the Department of the Navy,

or the Department of the Air Force with respect to functions

transferred under subsection (a) or (c) of this section shall abate

by reason of the enactment of this section. No cause of action by

or against any such department with respect to functions

transferred under such subsection (a) or by or against any officer

thereof in his official capacity, shall abate by reason of the

enactment of this section. Causes of actions, suits, or other

proceedings may be asserted by or against the United States or such

officer of the Veterans' Administration as may be appropriate and,

in any litigation pending when this section takes effect, the court

may at any time, upon its own motion or that of any party, enter an

order which will give effect to the provisions of this subsection.

If before the date this section takes effect [see note hereunder],

any such department, or officer thereof in his official capacity,

is a party to a suit with respect to any function so transferred,

such suit shall be continued by the Administrator of Veterans'

Affairs."

[Section 6 of Pub. L. 93-43 effective Sept. 1, 1973, or such

earlier date as the President may prescribe and publish in the

Federal Register, see section 10(c) of Pub. L. 93-43, set out as an

Effective Date note under section 2306 of this title.]

[The United States Soldiers' and Airmen's Home and the United

States Naval Home were incorporated into the Armed Forces

Retirement Home by section 411 of Title 24, Hospitals and Asylums.]

-MISC2-

USE OF FLAT GRAVE MARKERS AT SANTA FE NATIONAL CEMETERY, NEW MEXICO

Pub. L. 106-117, title VI, Sec. 612, Nov. 30, 1999, 113 Stat.

1580, provided that: "Notwithstanding section 2404(c)(2) of title

38, United States Code, the Secretary [of Veterans Affairs] may

provide for flat grave markers at the Santa Fe National Cemetery,

New Mexico."

INDEPENDENT STUDY ON IMPROVEMENTS TO VETERANS' CEMETERIES

Pub. L. 106-117, title VI, Sec. 613, Nov. 30, 1999, 113 Stat.

1581, provided that:

"(a) Study. - Not later than 180 days after the date of the

enactment of this Act [Nov. 30, 1999], the Secretary [of Veterans

Affairs] shall enter into a contract with one or more qualified

organizations to conduct a study of national cemeteries described

in subsection (b). For purposes of this section, an entity of

Federal, State, or local government is not a qualified

organization.

"(b) Matters Studied. - (1) The study conducted pursuant to the

contract entered into under subsection (a) shall include an

assessment of each of the following:

"(A) The one-time repairs required at each national cemetery

under the jurisdiction of the National Cemetery Administration of

the Department of Veterans Affairs to ensure a dignified and

respectful setting appropriate to such cemetery, taking into

account the variety of age, climate, and burial options at

individual national cemeteries.

"(B) The feasibility of making standards of appearance of

active national cemeteries, and the feasibility of making

standards of appearance of closed national cemeteries,

commensurate with standards of appearance of the finest

cemeteries in the world.

"(C) The number of additional national cemeteries that will be

required for the interment and memorialization in such cemeteries

of individuals qualified under chapter 24 of title 38, United

States Code, who die after 2005.

"(D) The advantages and disadvantages of the use by the

National Cemetery Administration of flat grave markers and

upright grave markers.

"(E) The current condition of flat grave marker sections at

each of the national cemeteries.

"(2) In presenting the assessment of additional national

cemeteries required under paragraph (1)(C), the report shall

identify by five-year period, beginning with 2005 and ending with

2020, the following:

"(A) The number of additional national cemeteries required

during each such five-year period.

"(B) With respect to each such five-year period, the areas in

the United States with the greatest concentration of veterans

whose needs are not served by national cemeteries or State

veterans' cemeteries.

"(c) Report. - (1) Not later than one year after the date on

which a qualified organization enters into a contract under

subsection (a), the organization shall submit to the Secretary a

report setting forth the results of the study conducted and

conclusions of the organization with respect to such results.

"(2) Not later than 120 days after the date on which a report is

submitted under paragraph (1), the Secretary shall transmit to the

Committees on Veterans' Affairs of the House of Representatives and

the Senate a copy of the report, together with any comments on the

report that the Secretary considers appropriate."

GRAVE MARKERS IN CERTAIN LOCATIONS

Pub. L. 103-446, title VIII, Sec. 804, Nov. 2, 1994, 108 Stat.

4675, provided that: "Notwithstanding section 2404(c)(2) of title

38, United States Code, the Secretary of Veterans Affairs may

provide for flat grave markers at the Willamette National Cemetery,

Oregon."

Section 11 of Pub. L. 102-54, as amended by Pub. L. 102-83, Sec.

5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"Notwithstanding section 2404(c)(2) of title 38, United States

Code, the Secretary may provide for flat grave markers in that

section of the Florida National Cemetery in which preplaced grave

liners were installed before July 30, 1988."

Section 341(b) of Pub. L. 100-322, as amended by Pub. L. 102-83,

Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that:

"Notwithstanding section 2404(c)(2) of title 38, United States

Code, the Administrator may provide for flat grave markers in the

cases of the national cemeteries in Riverside, California; Bourne,

Massachusetts; Augusta, Michigan; and Indiantown Gap, Pennsylvania;

and the proposed national cemetery approved by the Administrator,

as of July 31, 1987, for Northern California."

FUNCTIONS, POWERS, AND DUTIES OF SECRETARIES UNAFFECTED

Repeal of sections 271 to 276, 278 to 279d, 281 to 282, 286 to

290, and 296 of Title 24, Hospitals and Asylums, and enactment of

provisions set out as notes under sections 271 to 276 of Title 24

without effect upon functions, powers, and duties of secretaries of

the military departments with respect to cemeteries, memorials, or

monuments under the jurisdiction of the secretary concerned to

which the transfer provisions of section 6(a) of Pub. L. 93-43, set

out as a note above, do not apply, see section 7(b) of Pub. L.

93-43, set out as a note under sections 271 to 276 of Title 24.

STUDIES; RECOMMENDATIONS TO CONGRESS

Section 3 of Pub. L. 93-43 authorized the Administrator to

conduct a comprehensive study concerning the criteria governing the

development and operation of the National Cemetery System,

including the concept of regional cemeteries, the relationship of

the National Cemetery System to other burial benefits provided by

Federal and State Governments to servicemen and veterans, steps

taken to conform the existing system to the recommended criteria,

private burial and funeral costs in the United States, current

headstone and marker programs, and the marketing and sales

practices of non-Federal cemeteries and interment facilities, and

to submit his recommendations within twelve months after the

convening of the first session of the Ninety-third Congress and

also authorized the Administrator, in conjunction with the

Secretary of Defense, to conduct a comprehensive study concerning

the advisability of including Arlington National Cemetery within

the National Cemetery System, the appropriateness of maintaining

the present eligibility requirements for burial at Arlington

National Cemetery and the advisability of establishing another

national cemetery, and to submit the results of their joint

recommendations within twelve months after the convening of the

first session of the Ninety-third Congress.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2408 of this title.

-End-

-CITE-

38 USC Sec. 2405 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2405. Disposition of inactive cemeteries

-STATUTE-

(a) The Secretary may transfer, with the consent of the agency

concerned, any inactive cemetery, burial plot, memorial, or

monument within the Secretary's control to the Department of the

Interior for maintenance as a national monument or park, or to any

other agency of the Government. Any cemetery transferred to the

Department of the Interior shall be administered by the Secretary

of the Interior as a part of the National Park System, and funds

appropriated to the Secretary of the Interior for such system shall

be available for the management and operation of such cemetery.

(b) The Secretary may also transfer and convey all right, title,

and interest of the United States in or to any inactive cemetery or

burial plot, or portion thereon, to any State, county,

municipality, or proper agency thereof, in which or in the vicinity

of which such cemetery or burial plot is located, but in the event

the grantee shall cease or fail to care for and maintain the

cemetery or burial plot or the graves and monuments contained

therein in a manner satisfactory to the Secretary, all such right,

title, and interest transferred or conveyed by the United States,

shall revert to the United States.

(c) If a cemetery not under the control of the National Cemetery

Administration has been or is to be discontinued, the Secretary may

provide for the removal of remains from that cemetery to any

cemetery under the control of such Administration. The Secretary

may also provide for the removal of the remains of any veteran from

a place of temporary interment, or from an abandoned grave or

cemetery, to a national cemetery.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 77, Sec.

1005; amended Pub. L. 99-576, title VII, Sec. 701(56), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),

(4), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2405, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-368,

title IV, Sec. 403(c)(7), Nov. 11, 1998, 112 Stat. 3339.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-368, in first sentence,

substituted "under the control of the National Cemetery

Administration" for "within the National Cemetery System" and

"under the control of such Administration" for "within such

System".

1991 - Pub. L. 102-83 renumbered section 1005 of this title as

this section.

1989 - Subsec. (a). Pub. L. 101-237, Sec. 313(b)(4), inserted "of

the Interior" after "funds appropriated to the Secretary".

Pub. L. 101-237, Sec. 313(b)(1), substituted "Secretary may

transfer" for "Administrator may transfer" and "Secretary's" for

"Administrator's".

Subsecs. (b), (c). Pub. L. 101-237, Sec. 313(b)(1), substituted

"Secretary" for "Administrator" wherever appearing.

1986 - Subsec. (a). Pub. L. 99-576, Sec. 701(56)(A), substituted

"the Administrator's" for "his".

Subsec. (c). Pub. L. 99-576, Sec. 701(56)(B), substituted "The

Administrator" for "He".

-End-

-CITE-

38 USC Sec. 2406 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2406. Acquisition of lands

-STATUTE-

As additional lands are needed for national cemeteries, they may

be acquired by the Secretary by purchase, gift (including donations

from States or political subdivisions thereof), condemnation,

transfer from other Federal agencies, or otherwise, as the

Secretary determines to be in the best interest of the United

States.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 78, Sec.

1006; amended Pub. L. 99-576, title VII, Sec. 701(57), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2406, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1006 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 115 of this title.

-End-

-CITE-

38 USC Sec. 2407 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2407. Authority to accept and maintain suitable memorials

-STATUTE-

Subject to such restrictions as the Secretary may prescribe, the

Secretary may accept gifts, devises, or bequests from legitimate

societies and organizations or reputable individuals, made in any

manner, which are made for the purpose of beautifying national

cemeteries, or are determined to be beneficial to such cemetery.

The Secretary may make land available for this purpose, and may

furnish such care and maintenance as the Secretary deems necessary.

-SOURCE-

(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 78, Sec.

1007; amended Pub. L. 99-576, title VII, Sec. 701(58), Oct. 28,

1986, 100 Stat. 3296; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2407, Pub. L.

102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1007 of this title as

this section.

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator" wherever appearing.

1986 - Pub. L. 99-576 substituted "the Administrator" for "he" in

two places and "The Administrator" for "He".

-End-

-CITE-

38 USC Sec. 2408 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2408. Aid to States for establishment, expansion, and

improvement of veterans' cemeteries

-STATUTE-

(a)(1) Subject to subsection (b) of this section, the Secretary

may make grants to any State to assist such State in establishing,

expanding, or improving veterans' cemeteries owned by such State.

Any such grant may be made only upon submission of an application

to the Secretary in such form and manner, and containing such

information, as the Secretary may require.

(2) There is authorized to be appropriated such sums as may be

necessary for fiscal year 1999 and for each succeeding fiscal year

through fiscal year 2004 for the purpose of making grants under

paragraph (1).

(b) Grants under this section shall be subject to the following

conditions:

(1) The amount of a grant under this section may not exceed -

(A) in the case of the establishment of a new cemetery, the

sum of: (i) the cost of improvements to be made on the land to

be converted into a cemetery; and (ii) the cost of initial

equipment necessary to operate the cemetery; and

(B) in the case of the expansion or improvement of an

existing cemetery, the sum of: (i) the cost of improvements to

be made on any land to be added to the cemetery; and (ii) the

cost of any improvements to be made to the existing cemetery.

(2) If the amount of a grant under this section is less than

the amount of costs referred to in subparagraph (A) or (B) of

paragraph (1), the State receiving the grant shall contribute the

excess of such costs over the grant.

(3) If a State that has received a grant under this section to

establish, expand, or improve a veterans' cemetery ceases to own

such cemetery, ceases to operate such cemetery as a veterans'

cemetery, or uses any part of the funds provided through such

grant for a purpose other than that for which the grant was made,

the United States shall be entitled to recover from such State

the total of all grants made under this section to such State in

connection with such cemetery.

(c)(1) In addition to the conditions specified in subsection (b)

of this section, any grant to a State under this section to assist

such State in establishing a veterans' cemetery shall be made on

the condition that such cemetery shall conform to such standards

and guidelines relating to site selection, planning, and

construction as the Secretary may by regulation prescribe. In

prescribing regulations for the purposes of the preceding sentence,

the Secretary shall take into account the standards and guidelines

for site selection, planning, and construction that are applicable

to cemeteries under the control of the National Cemetery

Administration, including those provided in subsections (b), (c),

and (d) of section 2404 of this title.

(2) The Secretary may by regulation prescribe such additional

terms and conditions for grants under this section as the Secretary

considers appropriate.

(d)(1) In addition to the conditions specified in subsections (b)

and (c), any grant made on or after November 21, 1997, to a State

under this section to assist such State in establishing, expanding,

or improving a veterans' cemetery shall be made subject to the

condition specified in paragraph (2).

(2) For purposes of paragraph (1), the condition described in

this paragraph is that, after the date of the receipt of the grant,

such State prohibit the interment or memorialization in that

cemetery of a person described in section 2411(b) of this title,

subject to the receipt of notice described in subsection (a)(2) of

such section, except that for purposes of this subsection -

(A) such notice shall be furnished to an appropriate official

of such State; and

(B) a finding described in subsection (b)(3) of such section

shall be made by an appropriate official of such State.

(e) Sums appropriated under subsection (a) of this section shall

remain available until expended. If all funds from a grant under

this section have not been utilized by a State for the purpose for

which the grant was made within three years after such grant is

made, the United States shall be entitled to recover any such

unused grant funds from such State.

-SOURCE-

(Added Pub. L. 95-476, title II, Sec. 202(b)(1), Oct. 18, 1978, 92

Stat. 1504, Sec. 1008; amended Pub. L. 98-223, title II, Sec. 202,

Mar. 2, 1984, 98 Stat. 41; Pub. L. 100-322, title III, Sec. 343,

May 20, 1988, 102 Stat. 540; Pub. L. 100-687, div. B, title XVI,

Sec. 1601, Nov. 18, 1988, 102 Stat. 4137; Pub. L. 101-237, title

III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec.

2408 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991,

105 Stat. 406; Pub. L. 103-446, title VIII, Sec. 803, Nov. 2, 1994,

108 Stat. 4675; Pub. L. 105-116, Sec. 2, Nov. 21, 1997, 111 Stat.

2382; Pub. L. 105-368, title IV, Secs. 403(c)(8), 404(a)(1), (b),

(c), title X, Sec. 1005(b)(5), Nov. 11, 1998, 112 Stat. 3339,

3365.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-368, Sec. 404(c), amended par.

(2) generally. Prior to amendment, par. (2) read as follows: "There

is authorized to be appropriated $5,000,000 for fiscal year 1980

and for each of the four succeeding fiscal years, and such sums as

may be necessary for fiscal year 1985 and for each of the fourteen

succeeding fiscal years, for the purpose of making grants under

paragraph (1) of this subsection."

Subsec. (b)(1), (2). Pub. L. 105-368, Sec. 404(a)(1), amended

pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2)

read as follows:

"(1) The amount of any grant under this section may not exceed an

amount equal to 50 percent of the total of the value of the land to

be acquired or dedicated for the cemetery and the cost of the

improvements to be made on such land, with the remaining amount to

be contributed by the State receiving the grant.

"(2) If at the time of a grant under this section the State

receiving the grant dedicates for the purposes of the cemetery

involved land already owned by the State, the value of such land

may be considered in determining the amount of the State's

contribution under paragraph (1) of this subsection, but the value

of such land may not be used for more than an amount equal to 50

percent of the amount of such contribution and may not be used as

part of such State's contribution for any subsequent grant under

this section."

Subsec. (c)(1). Pub. L. 105-368, Sec. 403(c)(8), substituted

"under the control of the National Cemetery Administration" for "in

the National Cemetery System".

Subsec. (d)(1). Pub. L. 105-368, Sec. 1005(b)(5), substituted

"November 21, 1997," for "the date of the enactment of this

subsection" and "subject to the condition specified in" for "on the

condition described in".

Subsec. (e). Pub. L. 105-368, Sec. 401(b), substituted "shall

remain available until expended" for "shall remain available until

the end of the second fiscal year following the fiscal year for

which they are appropriated" in first sentence.

1997 - Subsecs. (d), (e). Pub. L. 105-116 added subsec. (d) and

redesignated former subsec. (d) as (e).

1994 - Subsec. (a)(2). Pub. L. 103-446 substituted "fourteen" for

"nine".

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 1008 of this

title as this section.

Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted "2404"

for "1004".

1989 - Subsecs. (a)(1), (c). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1988 - Subsec. (a)(2). Pub. L. 100-687 substituted "nine" for

second reference to "four".

Subsec. (b)(1). Pub. L. 100-322, Sec. 343(1)-(3), redesignated

par. (2) as (1), substituted "percent" for "per centum", and struck

out former par. (1) which read as follows: "No State may receive

grants under this section in any fiscal year in a total amount in

excess of 20 per centum of the total amount appropriated for such

grants for such fiscal year."

Subsec. (b)(2). Pub. L. 100-322, Sec. 343(2)-(4), redesignated

par. (3) as (2) and substituted "percent" for "per centum" and

"paragraph (1)" for "paragraph (2)". Former par. (2) redesignated

(1).

Subsec. (b)(3), (4). Pub. L. 100-322, Sec. 343(2), redesignated

par. (4) as (3). Former par. (3) redesignated (2).

1984 - Subsec. (a)(2). Pub. L. 98-223 inserted ", and such sums

as may be necessary for fiscal year 1985 and for each of the four

succeeding fiscal years," after "fiscal years".

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title IV, Sec. 404(a)(2), Nov. 11, 1998, 112

Stat. 3339, provided that: "The amendment made by paragraph (1)

[amending this section] shall apply with respect to grants under

section 2408 of title 38, United States Code, made after the end of

the 60-day period beginning on the date of the enactment of this

Act [Nov. 11, 1998]."

EFFECTIVE DATE

Section effective Oct. 18, 1978, see section 205(a) of Pub. L.

95-476, set out as an Effective Date of 1978 Amendment note under

section 2303 of this title.

-End-

-CITE-

38 USC Sec. 2409 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2409. Memorial areas in Arlington National Cemetery

-STATUTE-

(a) The Secretary of the Army may set aside, when available, a

suitable area or areas in Arlington National Cemetery, Virginia, to

honor the memory of members of the Armed Forces and veterans -

(1) who are missing in action;

(2) whose remains have not been recovered or identified;

(3) whose remains were buried at sea, whether by the member's

or veteran's own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and whose ashes were scattered

without interment of any portion of the ashes.

(b) Under regulations prescribed by the Secretary of the Army,

appropriate memorials or markers may be erected in Arlington

National Cemetery to honor the memory of those individuals, or

group of individuals, referred to in subsection (a) of this

section.

-SOURCE-

(Added Pub. L. 99-576, title IV, Sec. 413(a), Oct. 28, 1986, 100

Stat. 3284, Sec. 1009; amended Pub. L. 101-237, title III, Sec.

313(b)(5), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2409,

Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1009 of this title as

this section.

1989 - Subsec. (b). Pub. L. 101-237 inserted "of the Army" after

"Secretary".

AUTHORIZATION OF PLACEMENT OF A MEMORIAL IN ARLINGTON NATIONAL

CEMETERY HONORING WORLD WAR II VETERANS WHO FOUGHT IN THE BATTLE OF

THE BULGE

Pub. L. 107-330, title II, Sec. 204, Dec. 6, 2002, 116 Stat.

2824, provided that: "The Secretary of the Army is authorized to

place in Arlington National Cemetery a memorial marker honoring

veterans who fought in the battle in the European theater of

operations during World War II known as the Battle of the Bulge."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2411 of this title.

-End-

-CITE-

38 USC Sec. 2410 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2410. Burial of cremated remains in Arlington National

Cemetery

-STATUTE-

(a) The Secretary of the Army shall designate an area of

appropriate size within Arlington National Cemetery for the

unmarked interment, in accordance with such regulations as the

Secretary may prescribe, of the ashes of persons eligible for

interment in Arlington National Cemetery whose remains were

cremated. Such area shall be an area not suitable for the burial of

casketed remains.

(b) The Secretary of each military department shall make

available appropriate forms on which those members of the Armed

Forces who so desire may indicate their desire to be buried within

the area to be designated under subsection (a).

-SOURCE-

(Added Pub. L. 101-237, title V, Sec. 502(a), Dec. 18, 1989, 103

Stat. 2093, Sec. 1010; amended Pub. L. 102-54, Sec. 14(b)(22), June

13, 1991, 105 Stat. 284; renumbered Sec. 2410, Pub. L. 102-83, Sec.

5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 1010 of this title as

this section.

Subsec. (b). Pub. L. 102-54 substituted "each military

department" for "the military departments".

-End-

-CITE-

38 USC Sec. 2411 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS

-HEAD-

Sec. 2411. Prohibition against interment or memorialization in the

National Cemetery Administration or Arlington National Cemetery

of persons committing Federal or State capital crimes

-STATUTE-

(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) or

(b)(2), the prohibition under paragraph (1) shall not apply unless

written notice of a conviction referred to in subsection (b)(1) or

(b)(2), as the case may be, 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

Administration; and

(B) the Secretary of the Army, in the case of Arlington

National Cemetery.

-SOURCE-

(Added Pub. L. 105-116, Sec. 1(a), Nov. 21, 1997, 111 Stat. 2381;

amended Pub. L. 105-368, title IV, Sec. 403(d)(1), Nov. 11, 1998,

112 Stat. 3339; Pub. L. 107-330, title II, Sec. 202, Dec. 6, 2002,

116 Stat. 2824.)

-MISC1-

AMENDMENTS

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, Sec. 403(d)(1), substituted

"Administration" for "System" in section catchline.

Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105-368, Sec.

403(d)(1), substituted "Administration" for "System".

EFFECTIVE DATE

Section 1(c) of Pub. L. 105-116 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 [Nov. 21,

1997]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 112, 2301, 2306, 2408 of

this title.

-End-

-CITE-

38 USC PART III - READJUSTMENT AND RELATED BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART III - READJUSTMENT AND RELATED BENEFITS

-HEAD-

PART III - READJUSTMENT AND RELATED BENEFITS

-MISC1-

Chap. Sec.

30. All-Volunteer Force Educational Assistance Program 3001

31. Training and Rehabilitation for Veterans with

Service-Connected Disabilities 3100

32. Post-Vietnam Era Veterans' Educational Assistance 3201

34. Veterans' Educational Assistance 3451

35. Survivors' and Dependents' Educational Assistance 3500

36. Administration of Educational Benefits 3670

37. Housing and Small Business Loans 3701

39. Automobiles and Adaptive Equipment for Certain

Disabled Veterans and Members of the Armed Forces 3901

41. Job Counseling, Training, and Placement Service for

Veterans 4100

42. Employment and Training of Veterans 4211

43. Employment and Reemployment Rights of Members of the

Uniformed Services 4301

AMENDMENTS

1994 - Pub. L. 103-446, title XII, Sec. 1201(h)(1), Nov. 2, 1994,

108 Stat. 4688, struck out item for chapter 42 and added identical

new item for chapter 42.

Pub. L. 103-353, Sec. 2(b)(1), Oct. 13, 1994, 108 Stat. 3169,

substituted "Employment and Reemployment Rights of Members of the

Uniformed Services" and "4301" for "Veterans' Reemployment Rights"

and "2021" in item for chapter 43.

1991 - Pub. L. 102-83, Sec. 5(b)(2), Aug. 6, 1991, 105 Stat. 406,

substituted "3001" for "1401" in item for chapter 30, "3100" for

"1500" in item for chapter 31, "3201" for "1601" in item for

chapter 32, "3451" for "1651" in item for chapter 34, "3500" for

"1700" in item for chapter 35, "3670" for "1770" in item for

chapter 36, "3701" for "1801" in item for chapter 37, "3901" for

"1901" in item for chapter 39, "4100" for "2000" in item for

chapter 41, and "4211" for "2011" in item for chapter 42.

Pub. L. 102-16, Sec. 9(c)(2), Mar. 22, 1991, 105 Stat. 55, struck

out "Disabled and Vietnam Era" after "Employment and Training of"

in item for chapter 42.

1984 - Pub. L. 98-525, title VII, Sec. 702(a)(2), Oct. 19, 1984,

98 Stat. 2563, added item for chapter 30.

1982 - Pub. L. 97-306, title III, Sec. 301(b)(2), Oct. 14, 1982,

96 Stat. 1437, substituted "2000" for "2001" in item for chapter

41.

Pub. L. 97-295, Sec. 4(35)(A), Oct. 12, 1982, 96 Stat. 1307,

substituted "1500" for "1,500" in item for chapter 31.

Pub. L. 97-295, Sec. 4(35)(B), Oct. 12, 1982, 96 Stat. 1307,

substituted "1651" for "1650" in item for chapter 34.

1981 - Pub. L. 97-72, title III, Sec. 302(b)(2), Nov. 3, 1981, 95

Stat. 1059, substituted "Housing and Small Business Loans" for

"Home, Condominium, and Mobile Home Loans" in item for chapter 37.

1980 - Pub. L. 96-466, title I, Sec. 101(b), Oct. 17, 1980, 94

Stat. 2186, substituted "Training and Rehabilitation for Veterans

with Service-Connected Disabilities . . . 1,500" for "Vocational

Rehabilitation . . . 1501" in item for chapter 31.

1976 - Pub. L. 94-502, title III, Sec. 309(b), title IV, Sec.

405, Oct. 15, 1976, 90 Stat. 2391, 2397, added item for chapter 32

and substituted "Survivors' and Dependents' Educational Assistance"

for "War Orphans' and Widows' Education Assistance" in item for

chapter 35.

1974 - Pub. L. 93-569, Sec. 7(d), Dec. 31, 1974, 88 Stat. 1866,

substituted "Home, Condominium, and Mobile Home Loans" for "Home,

Farm, and Business Loans" in item for chapter 37.

Pub. L. 93-508, title IV, Sec. 404(b), Dec. 3, 1974, 88 Stat.

1600, added item for chapter 43.

1972 - Pub. L. 92-540, title V, Secs. 502(b), 503(b), Oct. 24,

1972, 86 Stat. 1097, 1098, substituted ", Training and" for "and

Employment" in item for chapter 41 and added item for chapter 42.

1971 - Pub. L. 91-666, Sec. 2(b), Jan. 11, 1971, 84 Stat. 2000,

substituted "Automobiles and Adaptive Equipment for Certain

Disabled Veterans and Members of the Armed Forces" for "Automobiles

for Disabled Veterans" in item for chapter 39.

1968 - Pub. L. 90-631, Sec. 2(h)(2), Oct. 23, 1968, 82 Stat.

1333, substituted "War Orphans' and Widows' Educational Assistance

. . . 1700" for "War Orphan's Educational Assistance . . . 1701" in

item for chapter 35.

1966 - Pub. L. 89-358, Secs. 4(c), 6(b), Mar. 3, 1966, 80 Stat.

23, 27, added item for chapter "34. Veterans' Educational

Assistance . . . 1650", struck out item for chapter "33. Education

of Korean Conflict Veterans . . . 1601" and added item for chapter

36; and substituted "Job Counseling and Employment Placement

Service for Veterans" for "Unemployment Benefits for Veterans" in

item for chapter 41.

1965 - Pub. L. 89-50, Sec. 1(b), June 24, 1965, 79 Stat. 173,

struck out item for chapter 43 "Mustering-Out Payments".

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in title 42 section 3013.

-End-