38 U.S.C. § 2400 — Establishment of National Cemetery Ad-

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, 2006, 120 Stat. 388, added item 2413. 2004—Pub. L. 108–454, title VI, § 602(b), Dec. 10, 2004, 118 Stat. 3624, added item 2412. 1998—Pub. L. 105–368, title IV, § 403(c)(4), (d)(1), Nov. 11, 1998, 112 Stat. 3338, 3339, substituted ‘‘Administra- tion; 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, § 1(b), Nov. 21, 1997, 111 Stat. 2382, added item 2411. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1000 to 1010 as 2400 to 2410, respec- tively. 1989—Pub. L. 101–237, title V, § 502(b), Dec. 18, 1989, 103 Stat. 2093, added item 1010. 1986—Pub. L. 99–576, title IV, § 413(b), Oct. 28, 1986, 100 Stat. 3284, added item 1009. 1978—Pub. L. 95–476, title II, § 202(b)(2), Oct. 18, 1978, 92 Stat. 1505, added item 1008. § 2400. Establishment of National Cemetery Ad- ministration; composition of Administration (a) There shall be within the Department a National Cemetery Administration responsible for the interment of deceased servicemembers and veterans. The National Cemetery Adminis- tration 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 facili- ties under the control of the National Cemetery Administration shall consist of— (1) national cemeteries transferred from the Department of the Army to the Veterans’ Ad- ministration by the National Cemeteries Act of 1973; (2) cemeteries under the jurisdiction of the Veterans’ Administration on the date of en- actment of this chapter; and (3) any other cemetery, memorial, or monu- ment transferred to the Veterans’ Administra- tion by the National Cemeteries Act of 1973, or later acquired or developed by the Secretary. (Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1000; amended Pub. L. 99–576, title VII, § 701(52), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 100–527, § 13(i), Oct. 25, 1988, 102 Stat. 2644; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2400 and amended Pub. L. 102–83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 105–368, title IV, § 403(c)(3), Nov. 11, 1998, 112 Stat. 3338.) Editorial Notes 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, which is classified principally to this chapter (§ 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 Depart- ment 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. AMENDMENTS 1998—Pub. L. 105–368, § 403(c)(3)(C), substituted ‘‘Ad- ministration; composition of Administration’’ for ‘‘System; composition of such system; appointment of director’’ in section catchline. Subsec. (a). Pub. L. 105–368, § 403(c)(3)(A), in first sen- tence, 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, § 403(c)(3)(B), substituted ‘‘national cemeteries and other facilities under the control of the National Cemetery Administration’’ for ‘‘National Cemetery System’’ in introductory provi- sions. 1991—Pub. L. 102–83, § 5(a), renumbered section 1000 of this title as this section. Subsec. (a). Pub. L. 102–83, § 4(a)(3), (4), substituted ‘‘Department’’ for ‘‘Veterans’ Administration’’. 1989—Subsec. (b)(3). Pub. L. 101–237 substituted ‘‘Sec- retary’’ 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 Adminis- trator may appoint a Director, National Cemetery Sys- tem, who shall perform such functions as may be as- signed by the Administrator’’. 1986—Subsec. (a). Pub. L. 99–576 substituted ‘‘servicemembers’’ for ‘‘servicemen’’ and ‘‘The Admin- istrator’’ for ‘‘To assist him in carrying out his respon- Page 620 TITLE 38—VETERANS’ BENEFITS § 2400 sibilities in administering the cemeteries within the System, the Administrator’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Pub. L. 105–368, title IV, § 403(a)(1), Nov. 11, 1998, 112 Stat. 3337, provided that: ‘‘The National Cemetery Sys- tem of the Department of Veterans Affairs shall here- after be known and designated as the National Ceme- tery Administration. The position of Director of the National Cemetery System is hereby redesignated as Under Secretary of Veterans Affairs for Memorial Af- fairs.’’ Pub. L. 105–368, title IV, § 403(d), Nov. 11, 1998, 112 Stat. 3339, provided that: ‘‘(1) Any reference in a law, map, regulation, docu- ment, paper, or other record of the United States to the National Cemetery System shall be deemed to be a ref- erence to the National Cemetery Administration. ‘‘(2) Any reference in a law, map, regulation, docu- ment, 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 Vet- erans Affairs for Memorial Affairs.’’ 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 Depart- ment of Veterans Affairs Act note under section 301 of this title. EFFECTIVE DATE Pub. L. 93–43, § 10(a), June 18, 1973, 87 Stat. 88, pro- vided 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 sec- tion 5316 of Title 5, Government Organization and Em- ployees], 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 Ceme- teries 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. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO SEC- RETARY OF VETERANS AFFAIRS FOR MAINTENANCE BY NATIONAL CEMETERY ADMINISTRATION Pub. L. 116–283, div. H, title XCI, § 9107, Jan. 1, 2021, 134 Stat. 4784, provided that: ‘‘(a) AGREEMENT.—Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection (c)(1), the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary. The Secretary shall seek to enter into such agreement be- fore the date that is one year after the date on which such report is submitted. ‘‘(b) MAINTENANCE BY NATIONAL CEMETERY ADMINIS- TRATION.—If the Mare Island Naval Cemetery is trans- ferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery in the same manner as other cemeteries under the jurisdiction of the National Cemetery Administration. ‘‘(c) REPORT.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [Jan. 1, 2021], the Secretary shall submit to the Committee on Vet- erans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of exer- cising the authority to enter into an agreement under subsection (a). ‘‘(2) CONTENTS.—The report submitted under para- graph (1) shall include the following: ‘‘(A) An assessment of the feasibility and advis- ability of entering into such an agreement. ‘‘(B) An estimate of the costs, including both di- rect and indirect costs, that the Department of Vet- erans Affairs would incur by entering into such an agreement. ‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that— ‘‘(1) it is only potentially advisable and feasible to transfer the Mare Island Naval Cemetery from the city of Vallejo, California, to the Department of Vet- erans Affairs because the cemetery was previously under the control of the Department of Defense; and ‘‘(2) the City of Vallejo should provide in-kind non- monetary contributions for the improvement and maintenance of Mare Island Naval Cemetery, includ- ing labor and equipment, to the extent practicable, to the Department of Veterans Affairs, following any transfer of the cemetery to the Department.’’ GRANTS FOR CEMETERY RESEARCH AND THE PRODUCTION OF EDUCATIONAL MATERIALS Pub. L. 116–107, § 1, Jan. 17, 2020, 133 Stat. 3292, pro- vided that: ‘‘(a) GRANTS AUTHORIZED.— ‘‘(1) IN GENERAL.—The Secretary of Veterans Affairs may establish a grant program to conduct cemetery research and produce educational materials for the Veterans Legacy Program. ‘‘(2) ELIGIBLE RECIPIENTS.—The Secretary may award a grant under this section to any of the fol- lowing entities: ‘‘(A) An institution of higher learning. ‘‘(B) A local education agency. ‘‘(C) A non-profit entity that the Secretary deter- mines has a demonstrated history of community engagement. ‘‘(D) Another recipient the Secretary determines to be appropriate. ‘‘(3) USE OF FUNDS.—A recipient of a grant under this section may use the grant amount to— ‘‘(A) conduct research related to national, State, or Tribal veterans’ cemeteries; ‘‘(B) produce education materials that teach about the history of veterans interred in national, State, or Tribal veterans’ cemeteries; and ‘‘(C) promote community engagement with the histories of veterans interred in national, State, or Tribal veterans’ cemeteries. ‘‘(4) MAXIMUM AMOUNT.—A grant awarded under this section may not exceed $500,000. ‘‘(b) REGULATIONS.—If the Secretary establishes a grant program under this section, the Secretary shall prescribe regulations regarding— ‘‘(1) the evaluation of applications for grants under the program; and ‘‘(2) administration of the program. ‘‘(c) REPORT REQUIRED.—Not later than 2 years after the Secretary establishes a grant program under this section, the Secretary shall submit to the committees on Veterans’ Affairs of the House of Representatives and the Senate a report regarding the determination of the Secretary whether the grant program is a finan- cially effective means to promote the purposes in sub- section (a)(3). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘Veterans Legacy Program’ means the program of the National Cemetery Administra- tion that is responsible for providing engagement and educational tools and opportunities to the public re- garding the service and sacrifice of veterans interred in national, State, or Tribal veterans’ cemeteries. ‘‘(2) The term ‘institution of higher learning’ has the meaning given that term in section 3452(f) of title 38, United States Code. Page 621 TITLE 38—VETERANS’ BENEFITS § 2400 ‘‘(3) The term ‘local educational agency’ has the meaning given that term in section 8101 of the Ele- mentary and Secondary Education Act of 1965 (20 U.S.C. 7801).’’ REPORTS ON SELECTION OF NEW NATIONAL CEMETERIES Pub. L. 111–275, title V, § 503, Oct. 13, 2010, 124 Stat. 2883, provided that: ‘‘(a) INITIAL REPORT.— ‘‘(1) REPORT REQUIRED.—Not later than one year after the date of the enactment of this Act [Oct. 13, 2010], the Secretary of Veterans Affairs shall submit to Congress a report on the selection of the sites de- scribed in paragraph (2) for the purpose of estab- lishing new national cemeteries. ‘‘(2) SITES.—The sites described in this paragraph are the following: ‘‘(A) An area in southern Colorado. ‘‘(B) An area near Melbourne, Florida, and Day- tona, Florida. ‘‘(C) An area near Omaha, Nebraska. ‘‘(D) An area near Buffalo, New York, and Roch- ester, New York. ‘‘(E) An area near Tallahassee, Florida. ‘‘(3) SITE SELECTION.—In carrying out this section, the Secretary shall solicit advice and views of rep- resentatives of State and local veterans organizations and other individuals as the Secretary considers ap- propriate. ‘‘(4) MATTERS INCLUDED.—The report under para- graph (1) shall include the following: ‘‘(A) A schedule for the establishment of each cemetery at each site described in paragraph (2) and an estimate of the costs associated with the estab- lishment of each such cemetery. ‘‘(B) As of the date of the submittal of the report, the amount of funds that are available to establish each cemetery at each site described in paragraph (2) from amounts appropriated to the Department of Veterans Affairs for Advance Planning. ‘‘(b) ANNUAL REPORTS.—Not later than two years after the date of the enactment of this Act, and each year thereafter until the date on which each cemetery at each site described in subsection (a)(2) is established, the Secretary shall submit to Congress an annual re- port that includes updates to the information provided in the report under subsection (a).’’ NATIONAL CEMETERY EXPANSION Pub. L. 108–109, Nov. 11, 2003, 117 Stat. 1322, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘National Cemetery Expansion Act of 2003’. ‘‘SEC. 2. ESTABLISHMENT OF NEW NATIONAL CEMETERIES. ‘‘(a) ESTABLISHMENT.—Not later than 4 years after the date of the enactment of this Act [Nov. 11, 2003], the Secretary of Veterans Affairs, in accordance with chap- ter 24 of title 38, United States Code, shall establish six new national cemeteries. The new cemeteries shall be located in the following locations (those locations hav- ing been determined by the Secretary of Veterans Af- fairs to be the most appropriate locations for new na- tional cemeteries): ‘‘(1) Southeastern Pennsylvania. ‘‘(2) The Birmingham, Alabama, area. ‘‘(3) The Jacksonville, Florida, area. ‘‘(4) The Bakersfield, California, area. ‘‘(5) The Greenville/Columbia, South Carolina, area. ‘‘(6) The Sarasota County, Florida, area. ‘‘(b) FUNDS.—Amounts appropriated for the Depart- ment of Veterans Affairs for any fiscal year after fiscal year 2003 for Advance Planning shall be available for the purposes of subsection (a). ‘‘(c) SITE SELECTION PROCESS.—In determining the specific sites for the new cemeteries required by sub- section (a) within the locations specified in that sub- section, the Secretary shall solicit the advice and views of representatives of State and local veterans organiza- tions and other individuals as the Secretary considers appropriate. ‘‘(d) INITIAL REPORT.—Not later than 120 days after the date of the enactment of this Act [Nov. 11, 2003], the Secretary shall submit to Congress a report on the es- tablishment of the national cemeteries required by sub- section (a). The report shall— ‘‘(1) set forth a schedule for the establishment of each such cemetery and an estimate of the costs asso- ciated with the establishment of each such cemetery; and ‘‘(2) identify the amount of Advance Planning Funds obligated for purposes of this section as of the submission of the report. ‘‘(e) ANNUAL REPORTS.—The Secretary shall submit to Congress an annual report on the implementation of this section until the establishment of all six ceme- teries is completed and each such cemetery has opened. The Secretary shall include in each such annual report an update of the information provided under para- graphs (1) and (2) of subsection (d). ‘‘(f) DEFINITION OF SOUTHEASTERN PENNSYLVANIA.—In this section, the term ‘southeastern Pennsylvania’ means the city of Philadelphia and Berks County, Bucks County, Chester County, Delaware County, Philadelphia County, and Montgomery County in the State of Pennsylvania.’’ ESTABLISHMENT OF ADDITIONAL NATIONAL CEMETERIES Pub. L. 106–117, title VI, § 611, Nov. 30, 1999, 113 Stat. 1580, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary [of Veterans Af- fairs] 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 Sec- retary determines to be most in need of such a ceme- tery 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 ap- propriated to the Department [of Veterans Affairs] for fiscal year 2000, such amounts for costs that the Sec- retary estimates are required for the planning and com- mencement 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 es- tablishment of the national cemeteries under sub- section (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 establish- ment 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 plan- ning 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 na- tional cemeteries under subsection (a) is complete, the Secretary shall submit to Congress a report that up- dates 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, pro- vided in part: ‘‘That during fiscal year 1999, or in subse- quent fiscal years, the ‘Construction, major projects’ account shall be reimbursed, in the amount trans- ferred, 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, § 403, Aug. 14, 1991, 105 Stat. 422, as amended by Pub. L. 103–79, § 4, Aug. 13, 1993, 107 Page 622 TITLE 38—VETERANS’ BENEFITS § 2400 Stat. 772; Pub. L. 103–446, title XII, § 1202(c), Nov. 2, 1994, 108 Stat. 4689; Pub. L. 107–217, § 3(o), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 107–330, title III, § 308(i), Dec. 6, 2002, 116 Stat. 2829, provided that: ‘‘(a) IN GENERAL.—Pershing Hall, an existing memo- rial in Paris, France, owned by the United States, to- gether with the personal property of such memorial, is hereby placed under the jurisdiction, custody, and con- trol 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 pro- vided therefor. ‘‘(b) ADMINISTRATION.—(1)(A) The Secretary of Vet- erans 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 in- quiries, and otherwise assist veterans and their fami- lies 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 dedi- cated, 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 subpara- graph (A) shall be carried out by the American Battle Monuments Commission. ‘‘(3) To the extent that funds are available in the Per- shing 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 Depart- ment of Veterans Affairs who are United States citi- zens and are assigned by the Secretary to Pershing Hall. ‘‘(c) LEASES.—(1) The Secretary may enter into agree- ments as the Secretary determines necessary or appro- priate for the operation, development, and improve- ment of Pershing Hall and its site, including the leas- ing of portions of the Hall for terms not to exceed 99 years in areas that are newly constructed or substan- tially 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 deter- mined 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 Per- shing 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 trans- ferred 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 trans- ferred 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 prin- cipal and interest by the United States that, as deter- mined by the Secretary of Veterans Affairs, has a ma- turity 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 redemp- tion of, such obligations. ‘‘(6)(A) Subject to subparagraphs (B) and (C), the Sec- retary 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 pro- visions 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 amend- ment 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 ex- ecuted.] [Section 403 of Pub. L. 102–86, set out above, was clas- sified to section 493 of former Title 36 prior to the gen- eral revision and enactment of Title 36, Patriotic and National Observances, Ceremonies, and Organizations, by Pub. L. 105–225, § 1, Aug. 12, 1998, 112 Stat. 1253.] AUTHORITY TO ESTABLISH NATIONAL CEMETERIES Pub. L. 99–576, title IV, § 414, Oct. 28, 1986, 100 Stat. 3284, 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 de- velop and acquire cemeteries as part of the National Cemetery System [now National Cemetery Administra- tion] 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 Sec- retary] may acquire land necessary for a cemetery au- thorized by subsection (a) of this section by donation, purchase, condemnation, exchange of lands in the United States public domain, or otherwise.’’ Page 623 TITLE 38—VETERANS’ BENEFITS § 2402 § 2401. Advisory Committee on Cemeteries and Memorials There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memo- rials. The Secretary shall advise and consult with the Committee from time to time with re- spect to the administration of the cemeteries for which the Secretary is responsible, and with re- spect to the selection of cemetery sites, the erection of appropriate memorials, and the ade- quacy of Federal burial benefits. The Committee shall make periodic reports and recommenda- tions to the Secretary and to Congress. (Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1001; amended Pub. L. 99–576, title VII, § 701(53), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2401, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1001 of this title as this section. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’ wherever appearing. 1986—Pub. L. 99–576 substituted ‘‘the Administrator’’ for ‘‘he’’ before ‘‘is responsible’’. Statutory Notes and Related Subsidiaries 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 sec- tion 1113 of Title 31, Money and Finance. 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 1013 of Title 5, Government Organization and Employees. § 2402. Persons eligible for interment in national cemeteries (a) Under such regulations as the Secretary may prescribe and subject to the provisions of section 6105 of this title, the remains of the fol- lowing persons may be buried in any open na- tional cemetery under the control of the Na- tional Cemetery Administration: (1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, air, or space service). (2) Any member of a Reserve component of the Armed Forces, any member of the Space Force, 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 treat- ment, 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 hospitaliza- tion 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 in- jury 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 a surviving spouse who had a subsequent remarriage), 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 instruc- tion at an approved educational institution), and, in the discretion of the Secretary, unmar- ried adult child of any of the persons listed in paragraphs (1) through (4) and paragraph (7), and the spouse, minor child, and, in the discre- tion of the Secretary, unmarried adult child of a member of the Armed Forces serving on ac- tive duty under conditions other than dishon- orable, as shown by a statement from a gen- eral court-martial convening authority, at the time of the spouse’s or child’s death if such death occurs before September 30, 2032. (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 subsection (a) or (b) of section 107 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 resi- dence in the United States; and (B) resided in the United States. (9)(A) The parent of a person described in subparagraph (B), if the Secretary determines that there is available space at the gravesite where the person described in subparagraph (B) is interred. (B) A person described in this subparagraph is a person described in paragraph (1) who— (i) is a hostile casualty or died from a training-related injury;