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38 U.S.C. § 2400 — Establishment of National Cemetery Administration; composition of Administration
Federal law — U.S. Code and appendices · legal_authorities
**(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: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2400
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Stable record: federal_law:legal_authorities:record_usc_74679b832fa382b75e649de5
Source file: Laws/federal/codes/united-states-code/title-38/section-2400-establishment-of-national-cemetery-administration-composition-of-adminis--cedcd0075e.md
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Source location: Title 38, Chapter 24, § 2400; chapter-024-national-cemeteries-and-memorials.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5316
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary may, under such rules and regulations as may be prescribed by the President or the President’s designee, provide to personnel of the Department who are United States citizens and are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those provided by the following provisions of law:
(1) Section 905 of the Foreign Service Act of 1980 (relating to allowances to provide for the proper representation of the United States).
(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980 (relating to travel expenses).
(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles).
(4) Section 903 of the Foreign Service Act of 1980 (relating to the return of personnel to the United States on leave of absence).
(5) Section 904(d) of the Foreign Service Act of 1980 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization).
(6) [Section 5724a(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724a/c&num=0&edition=prelim) (relating to subsistence expenses for 60 days in connection with the return to the United States of the employee and such employee’s immediate family).
(7) [Section 5724a(d) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5724a/d&num=0&edition=prelim) (relating to the sale and purchase of the residence or settlement of an unexpired lease of the employee when transferred from one station to another station and both stations are in the United States, its territories or possessions, or the Commonwealth of Puerto Rico).
**(b
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 707
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) The Secretary may lease for a term not exceeding three years lands or buildings, or parts or parcels thereof, belonging to the United States and under the Secretary’s control. Any lease made pursuant to this subsection to any public or nonprofit organization may be made without regard to the provisions of section 6101(b) to (d) of title 41. Notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim), or any other provision of law, a lease made pursuant to this subsection to any public or nonprofit organization may provide for the maintenance, protection, or restoration, by the lessee, of the property leased, as a part or all of the consideration for the lease. Prior to the execution of any such lease, the Secretary shall give appropriate public notice of the Secretary’s intention to do so in the newspaper of the community in which the lands or buildings to be leased are located. The proceeds from such leases, less expenses for maintenance, operation, and repair of buildings leased for living quarters, shall be covered into the Treasury of the United States as miscellaneous receipts.
(2) Except as provided in paragraph (3), the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) for that fiscal year.
(3)
(A) Subject to subparagraph (B) of this paragraph, the Secretary may, without regard to paragr
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 8122
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided, in this chapter:
(1) **Average daily attendance**
(A) *In general* — Except as provided otherwise by State law or this paragraph, the term “average daily attendance” means—
(i) the aggregate number of days of attendance of all students during a school year; divided by
(ii) the number of days school is in session during that year.
(B) *Conversion* — The Secretary shall permit the conversion of average daily membership (or other similar data) to average daily attendance for local educational agencies in States that provide State aid to local educational agencies on the basis of average daily membership (or other similar data).
(C) *Special rule* — If the local educational agency in which a child resides makes a tuition or other payment for the free public education of the child in a school located in another school district, the Secretary shall, for the purpose of this chapter—
(i) consider the child to be in attendance at a school of the agency making the payment; and
(ii) not consider the child to be in attendance at a school of the agency receiving the payment.
(D) *Children with disabilities* — If a local educational agency makes a tuition payment to a private school or to a public school of another local educational agency for a child with a disability, as defined in [section 1401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim), the Secretary shall, for the purpose of this chapter, consider the child to be in attendance at a school of the agency making the payment.
(2) **Average per-pupil expenditure** — The term “average per-pupil expenditure” means, in the case of a State or of the United States—
(A) without regard to the source o
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 7801
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries.
**(b)** In conjunction with the development and administration of cemeteries for which the Secretary is responsible, the Secretary shall provide all necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria.
**(c)**
(1) Subject to paragraph (2), each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Secretary shall by regulation prescribe.
(2) The grave markers referred to in paragraph (1) shall be upright for interments that occur on or after January 1, 1987, except that—
(A) in the case of any cemetery scheduled to be closed by September 30, 1991, as indicated in the documents submitted by the Administrator of Veterans’ Affairs to the Congress in justification for the amounts included for Veterans’ Administration programs in the President’s Budget for fiscal year 1987, the Secretary may provide for flat grave markers;
(B) in the case of any cemetery with a section which has flat markers on October 28, 1986, the Secretary may continue to provide for flat grave markers in such section;
(C) in the case of any cemetery located on the grounds of or adjacent to a Department health-care facility, the Secretary may provide for flat grave markers;
(D) in the case of grave sites of cremated remains that are interred in the ground, the Secretary may provide for flat grave markers.11 So in original. The period probably should be a semicolon.
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2404
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Veterans Affairs is an executive department of the United States.
**(b)** The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans.
**(c)** The Department is composed of the following:
(1) The Office of the Secretary.
(2) The Veterans Health Administration.
(3) The Veterans Benefits Administration.
(4) The National Cemetery Administration.
(5) The Board of Veterans’ Appeals.
(6) The Veterans’ Canteen Service.
(7) The Board of Contract Appeals.
(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary.
(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
There is in the Department an Under Secretary for Memorial Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Under Secretary is the head of the National Cemetery Administration as established in [section 2400 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2400&num=0&edition=prelim) and shall perform such functions as may be assigned by the Secretary.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 307
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any individual who is convicted after September 1, 1959, of any offense listed in subsection (b) of this section shall, from and after the date of commission of such offense, have no right to gratuitous benefits (including the right to burial in a national cemetery) under laws administered by the Secretary based on periods of military, naval, air, or space service commencing before the date of the commission of such offense and no other person shall be entitled to such benefits on account of such individual. After receipt of notice of the return of an indictment for such an offense the Secretary shall suspend payment of such gratuitous benefits pending disposition of the criminal proceedings. If any individual whose right to benefits has been terminated pursuant to this section is granted a pardon of the offense by the President of the United States, the right to such benefits shall be restored as of the date of such pardon.
**(b)** The offenses referred to in subsection (a) of this section are those offenses for which punishment is prescribed in—
(1) sections 894, 904, and 906 of title 10 (articles 94, 104, and 106 of the Uniform Code of Military Justice);
(2) sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a, 2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and chapter 105 of title 18;
(3) sections 222, 223, 224, 225, and 226 of the Atomic Energy Act of 1954 ([42 U.S.C. 2272](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2272&num=0&edition=prelim), 2273, 2274, 2275, and 2276); and
(4) section 4 of the Internal Security Act of 1950 ([50 U.S.C. 783](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section783&num=0&edition=prelim)).
**(c)** The Secretary of Defense or the Secretary of Homel
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 6105
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Federal law — U.S. Code and appendices · legal_authorities
Page 619
TITLE 38—VETERANS’ BENEFITS
§ 2400
Sec.
2408.
Aid to States, counties, and tribal organiza-
tions for establishment, expansion, and im-
provement of veterans’ cemeteries.
2409.
Memorial areas in Arlington National Ceme-
tery.
2410.
Burial of cremated remains in Arlington Na-
tional Cemetery.
2410A.
Arlington National Cemetery: other adminis-
trative matters.
2411.
Prohibition against interment or memori-
alization in the National Cemetery Admin-
istration or Arlington National Cemetery of
persons committing certain Federal or
State crimes.
2412.
Lease of land and buildings.
2413.
Prohibition on certain demonstrations and
disruptions at cemeteries under control of
the National Cemetery Administration and
at Arlington National Cemetery.
2414.
Communication between Department of Vet-
erans Affairs and medical examiners and fu-
neral directors.
Editorial Notes
AMENDMENTS
2023—Pub. L. 117–355, § 6(b), Jan. 5, 2023, 136 Stat. 6281,
added item 2411 and struck out former item 2411 ‘‘Pro-
hibition against interment or memorialization in the
National Cemetery Administration or Arlington Na-
tional Cemetery of persons committing Federal or
State capital crimes’’.
2021—Pub. L. 116–315, title II, § 2205(b)(2), Jan. 5, 2021,
134 Stat. 4987, inserted ‘‘, counties, and tribal organiza-
tions’’ after ‘‘States’’ in item 2408.
2013—Pub. L. 112–260, title I, § 103(b), Jan. 10, 2013, 126
Stat. 2420, added item 2414.
2012—Pub. L. 112–154, title VI, §§ 601(c)(2), 602(b), Aug.
6, 2012, 126 Stat. 1199, 1200, added items 2410A and 2413
and struck out former item 2413 ‘‘Prohibition on cer-
tain demonstrations at cemeteries under control of the
National Cemetery Administration and at Arlington
National Cemetery’’.
2006—Pub. L. 109–228, § 2(a)(2), May 29
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2400
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