38 U.S.C. § 2411 — Prohibition against interment or memori-

Page 636 TITLE 38—VETERANS’ BENEFITS § 2410A the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph. (Added Pub. L. 101–237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended Pub. L. 102–54, § 14(b)(22), June 13, 1991, 105 Stat. 284; re- numbered § 2410, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–158, § 1(a), May 20, 2016, 130 Stat. 394.) Editorial Notes REFERENCES IN TEXT The date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114–158, which was approved May 20, 2016. AMENDMENTS 2016—Subsec. (c). Pub. L. 114–158 added subsec. (c). 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–158, § 1(b), May 20, 2016, 130 Stat. 394, pro- vided that: ‘‘(1) IN GENERAL.—The amendment made by sub- section (a) [amending this section] shall apply with re- spect to— ‘‘(A) the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act [May 20, 2016]; and ‘‘(B) a person who dies on or after the date of the enactment of this Act. ‘‘(2) FORMALLY INTERRED OR INURNED DEFINED.—In this subsection, the term ‘formally interred or inurned’ means interred or inurned in a cemetery, crypt, mau- soleum, columbarium, niche, or other similar formal location.’’ § 2410A. Arlington National Cemetery: other ad- ministrative matters (a) ONE GRAVESITE.—(1) Not more than one gravesite may be provided at Arlington National Cemetery to a veteran or member of the Armed Forces who is eligible for interment or inurnment at such cemetery. (2) The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate. (b) PROHIBITION AGAINST RESERVATION OF GRAVESITES.—(1) A gravesite at Arlington Na- tional Cemetery may not be reserved for an indi- vidual before the death of such individual. (2)(A) The President may waive the prohibi- tion in paragraph (1) as the President considers appropriate. (B) Upon waiving the prohibition in paragraph (1), the President shall submit notice of such waiver to— (i) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Sen- ate; and (ii) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives. (Added Pub. L. 112–154, title VI, § 602(a), Aug. 6, 2012, 126 Stat. 1199.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 112–154, title VI, § 602(c), Aug. 6, 2012, 126 Stat. 1200, provided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), section 2410A of title 38, United States Code, as added by subsection (a), shall apply with respect to all inter- ments at Arlington National Cemetery after the date of the enactment of this Act [Aug. 6, 2012]. ‘‘(2) EXCEPTION.—Subsection (b) of such section, as so added, shall not apply with respect to the interment of an individual for whom a request for a reserved gravesite was approved by the Secretary of the Army before January 1, 1962.’’ § 2411. Prohibition against interment or memori- alization in the National Cemetery Adminis- tration or Arlington National Cemetery of persons committing certain Federal or State crimes (a)(1) In the case of a person described in sub- section (b), the appropriate Federal official may not— (A) inter the remains of such person in a cemetery in the National Cemetery Adminis- tration 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 Ar- lington National Cemetery (described in sec- tion 2409(a) of this title). (2) In the case of a person described in sub- section (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless writ- ten notice of a conviction referred to in sub- section (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime. (b) A person referred to in subsection (a) is any of the following: (1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President). (2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State). (3) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but (B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid pros- ecution. (4) A person— (A) who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Of- fender Registration and Notification Act (34 U.S.C. 20901 et seq.); and (B) who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and Page 637 TITLE 38—VETERANS’ BENEFITS § 2411 (C) whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be). (5) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.); but (B) has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid pros- ecution. (c) A finding under paragraph (3) or (5) of sub- section (b) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and con- vincing evidence, after an opportunity for a hearing in a manner prescribed by the appro- priate Federal official. (d)(1) In a case described in subsection (e), the appropriate Federal official may reconsider a decision to— (A) inter the remains of a person in a ceme- tery in the National Cemetery Administration or in Arlington National Cemetery; or (B) honor the memory of a person in a me- morial area in a cemetery in the National Cemetery Administration (described in section 2403(a) of this title) or in such an area in Ar- lington National Cemetery (described in sec- tion 2409(a) of this title). (2)(A)(i) In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person’s next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memo- rializing the deceased person. (ii) In a case described in subsection (e)(1)(B), if the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a man- ner prescribed by the appropriate Federal offi- cial, that the person had committed a Federal capital crime, a State capital crime, or a Fed- eral or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), but had not been con- victed of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Fed- eral official shall provide notice to the deceased person’s next of kin or other person authorized to arrange burial or memorialization of the de- ceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial head- stone or marker memorializing the deceased person. (B) Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows: (i) By the Secretary in accordance with sec- tion 5104 of this title. (ii) By the Secretary of Defense in accord- ance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection. (3)(A) Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the de- ceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the no- tice. (B)(i) A notice of disagreement filed with the Secretary under subparagraph (A) shall be treat- ed as a notice of disagreement filed under sec- tion 7105 of this title and shall initiate appellate review in accordance with the provisions of chapter 71 of this title. (ii) A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regula- tions as the Secretary of Defense shall prescribe for purposes of this subsection. (4) When the decision of the appropriate Fed- eral official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph (3)(B), the appropriate Federal offi- cial may take any of the following actions: (A) Disinter the remains of the person from the cemetery in the National Cemetery Ad- ministration or in Arlington National Ceme- tery and provide for the reburial or other ap- propriate disposition of the disinterred re- mains in a place other than a cemetery in the National Cemetery Administration or in Ar- lington National Cemetery. (B) Remove from a memorial area in a ceme- tery in the National Cemetery Administration or in Arlington National Cemetery any memo- rial headstone or marker placed to honor the memory of the person. (e)(1) A case described in this subsection is a case in which the appropriate Federal official receives— (A) written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or (B) information that a person described in paragraph (2) may have committed a Federal capital crime, a State capital crime, or a Fed- eral or State crime that would cause the per- son to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.), but was not con- victed of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution. (2) A person described in this paragraph is a person— (A) whose remains have been interred in a cemetery in the National Cemetery Adminis- tration or in Arlington National Cemetery; or (B) whose memory has been honored in a me- morial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery. (f) For purposes of this section: Page 638 TITLE 38—VETERANS’ BENEFITS § 2412 (1) The term ‘‘Federal capital crime’’ means an offense under Federal law for which a sen- tence of imprisonment for life or the death penalty may be imposed. (2) The term ‘‘State capital crime’’ means, under State law, the willful, deliberate, or pre- meditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed. (3) The term ‘‘appropriate Federal official’’ means— (A) the Secretary, in the case of the Na- tional Cemetery Administration; and (B) the Secretary of the Army, in the case of Arlington National Cemetery. (Added Pub. L. 105–116, § 1(a), Nov. 21, 1997, 111 Stat. 2381; amended Pub. L. 105–368, title IV, § 403(d)(1), Nov. 11, 1998, 112 Stat. 3339; Pub. L. 107–330, title II, § 202, Dec. 6, 2002, 116 Stat. 2824; Pub. L. 109–163, div. A, title VI, § 662(a), Jan. 6, 2006, 119 Stat. 3314; Pub. L. 112–260, title I, § 105(a), (b), Jan. 10, 2013, 126 Stat. 2421; Pub. L. 113–65, § 2(a), (b), Dec. 20, 2013, 127 Stat. 669, 671; Pub. L. 114–58, title VI, § 601(14), Sept. 30, 2015, 129 Stat. 539; Pub. L. 117–355, § 6(a), Jan. 5, 2023, 136 Stat. 6280.) Editorial Notes REFERENCES IN TEXT The Sex Offender Registration and Notification Act, referred to in subsecs. (b)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of Pub. L. 109–248, July 27, 2006, 120 Stat. 590, which is classified principally to subchapter I (§ 20901 et seq.) of chapter 209 of Title 34, Crime Con- trol and Law Enforcement. For complete classification of this Act to the Code, see section 101 of Pub. L. 109–248, set out as a Short Title of 2006 Act note under section 10101 of Title 34, and Tables. AMENDMENTS 2023—Pub. L. 117–355, § 6(a)(1), substituted ‘‘certain Federal or State crimes’’ for ‘‘Federal or State capital crimes’’ in section catchline. Subsec. (b)(4)(A). Pub. L. 117–355, § 6(a)(2)(A)(i), sub- stituted ‘‘(34 U.S.C. 20901 et seq.); and’’ for ‘‘(42 U.S.C. 16901 et seq.);’’. Subsec. (b)(4)(B). Pub. L. 117–355, § 6(a)(2)(A)(ii), in- serted ‘‘or to a period of 99 years or more’’ after ‘‘life imprisonment’’. Subsec. (b)(5). Pub. L. 117–355, § 6(a)(2)(B), added par. (5). Subsec. (c). Pub. L. 117–355, § 6(a)(3), substituted ‘‘paragraph (3) or (5) of subsection (b)’’ for ‘‘subsection (b)(3)’’. Subsec. (d)(2)(A)(ii). Pub. L. 117–355, § 6(a)(4), sub- stituted ‘‘, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),’’ for ‘‘or a State capital crime’’. Subsec. (e)(1)(B). Pub. L. 117–355, § 6(a)(5), substituted ‘‘, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Noti- fication Act (34 U.S.C. 20901 et seq.),’’ for ‘‘or a State capital crime’’. 2015—Subsec. (e)(1). Pub. L. 114–58 substituted ‘‘Fed- eral official’’ for ‘‘federal official’’ in introductory pro- visions. 2013—Subsec. (a)(2). Pub. L. 113–65, § 2(b), struck out ‘‘such official approves an application for’’ after ‘‘re- ceived by the appropriate Federal official before’’. Pub. L. 112–260, § 105(b), substituted ‘‘, (b)(2), or (b)(4)’’ for ‘‘or (b)(2)’’ in two places and struck out ‘‘capital’’ before ‘‘crime’’ in two places. Subsec. (b)(4). Pub. L. 112–260, § 105(a), added par. (4). Subsecs. (d) to (f). Pub. L. 113–65, § 2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). 2006—Subsec. (b)(1). Pub. L. 109–163, § 662(a)(1)(A), sub- stituted ‘‘and whose conviction is final (other than a person whose sentence was commuted by the Presi- dent)’’ for ‘‘for which the person was sentenced to death or life imprisonment’’. Subsec. (b)(2). Pub. L. 109–163, § 662(a)(1)(B), sub- stituted ‘‘and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)’’ for ‘‘for which the person was sentenced to death or life imprisonment without parole’’. Subsec. (d)(1). Pub. L. 109–163, § 662(a)(2)(A), sub- stituted ‘‘a sentence of imprisonment for life or the death penalty may be imposed’’ for ‘‘the death penalty or life imprisonment may be imposed’’. Subsec. (d)(2). Pub. L. 109–163, § 662(a)(2)(B), sub- stituted ‘‘a sentence of imprisonment for life or the death penalty may be imposed’’ for ‘‘the death penalty or life imprisonment without parole may be imposed’’. 2002—Subsec. (a)(2). Pub. L. 107–330 substituted ‘‘In the case of a person described in subsection (b)(1) or (b)(2), the prohibition’’ for ‘‘The prohibition’’ and ‘‘re- ferred to in subsection (b)(1) or (b)(2), as the case may be,’’ for ‘‘or finding under subsection (b)’’. 1998—Pub. L. 105–368, § 403(d)(1), substituted ‘‘Admin- istration’’ for ‘‘System’’ in section catchline. Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105–368, § 403(d)(1), substituted ‘‘Administration’’ for ‘‘System’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Sec- retary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administra- tion or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].’’ Pub. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that: ‘‘The amendments made by this section [amending this section] shall apply with re- spect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].’’ EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–163 applicable with re- spect to funerals and burials that occur on or after Jan. 6, 2006, see section 662(e) of Pub. L. 109–163, set out as a note under section 985 of Title 10, Armed Forces. EFFECTIVE DATE Pub. L. 105–116, § 1(c), Nov. 21, 1997, 111 Stat. 2382, pro- vided that: ‘‘Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with re- spect to applications for interment or memorialization made on or after the date of the enactment of this Act [Nov. 21, 1997].’’ REGULATIONS Pub. L. 109–163, div. A, title VI, § 662(d)(1), Jan. 6, 2006, 119 Stat. 3315, provided that: ‘‘The Secretary of Vet- erans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the Na- tional Cemetery System unless a good faith effort has been made to determine whether such person is ineli- gible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such inter- ment under Federal law.’’ § 2412. Lease of land and buildings (a) LEASE AUTHORIZED.—The Secretary may lease any undeveloped land and unused or under-