38 U.S.C. § 2408 — Aid to States, counties, and tribal organi-

Page 630 TITLE 38—VETERANS’ BENEFITS § 2407 other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best in- terest of the United States. (b) TRANSFER OF DEPARTMENT OF THE INTERIOR LAND FOR USE AS A NATIONAL CEMETERY.—Not- withstanding section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)), if the Secretary and the Secretary of the Interior agree to a transfer under subsection (a) of any land for use by the Department as a national cemetery, the land shall be— (1) withdrawn from all forms of appropria- tion under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; (2) subject to valid existing rights; (3) transferred to the administrative juris- diction of the Secretary of Veterans Affairs; and (4) deemed to be property (as defined in sec- tion 102(9) of title 40) for as long as the land re- mains under the administrative jurisdiction of the Secretary of Veterans Affairs. (Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1006; amended Pub. L. 99–576, title VII, § 701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2406, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title VI, § 603, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 117–355, § 5, Jan. 5, 2023, 136 Stat. 6279.) Editorial Notes AMENDMENTS 2023—Pub. L. 117–355 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2004—Pub. L. 108—454 inserted ‘‘exchange,’’ after ‘‘agencies,’’. 1991—Pub. L. 102–83 renumbered section 1006 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’’. § 2407. Authority to accept and maintain suitable memorials 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 ceme- tery. The Secretary may make land available for this purpose, and may furnish such care and maintenance as the Secretary deems necessary. (Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1007; amended Pub. L. 99–576, title VII, § 701(58), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2407, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1007 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’’ in two places and ‘‘The Administrator’’ for ‘‘He’’. § 2408. Aid to States, counties, and tribal organi- zations for establishment, expansion, and im- provement of veterans’ cemeteries (a)(1) Subject to subsections (b), (c), (d), and (g), the Secretary may make a grant to any State or county for the following purposes: (A) Establishing, expanding, or improving a veterans’ cemetery owned by the State or county. (B) Operating and maintaining such a ceme- tery. (2) A grant under paragraph (1) may be made only upon submission of an application to the Secretary in such form and manner, and con- taining such information, as the Secretary may require. (b) A grant under this section for a purpose de- scribed in subsection (a)(1)(A) shall be subject to the following conditions: (1) The amount of such a grant may not ex- ceed— (A) in the case of the establishment of a new cemetery, the sum of: (i) the cost of im- provements to be made on the land to be converted into a cemetery; (ii) the cost of initial equipment necessary to operate the cemetery; and (iii) training costs described in subsection (c)(1); and (B) in the case of the expansion or im- provement 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; and (iii) training costs described in subsection (c)(1). (2) If the amount of such a grant is less than the amount of costs referred to in subpara- graph (A) or (B) of paragraph (1), the State or county receiving the grant shall contribute the excess of such costs over the grant. (3) If a State or county that has received such a grant to establish, expand, or improve a veterans’ cemetery ceases to own such ceme- tery, ceases to operate such cemetery as a vet- erans’ 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 or county the total of all grants made under this section to such State or county in connection with such cemetery. (c)(1) A grant under this section for a purpose described in subparagraph (A) or (B) of sub- section (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans’ cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organiza- tion at training provided by the National Ceme- tery Administration. (2) Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary. (3) The Secretary may by regulation prescribe such additional terms and conditions for grants Page 631 TITLE 38—VETERANS’ BENEFITS § 2408 used for training costs under this subsection as the Secretary considers appropriate. (d)(1) In addition to the conditions specified in subsection (b) of this section, any grant to a State or county under this section to assist such State or county in establishing a veterans’ cem- etery 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 regu- lation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Sec- retary shall take into account the standards and guidelines for site selection, planning, and con- struction that are applicable to cemeteries under the control of the National Cemetery Ad- ministration, including those provided in sub- sections (b), (c), and (d) of section 2404 of this title. (2) Except as provided in subsection (i), the Secretary may by regulation prescribe such ad- ditional terms and conditions for grants under this section as the Secretary considers appro- priate. (e)(1) In addition to the conditions specified in subsections (b) and (c), any grant made to a State or county under this section 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 or county prohibit the interment or memorializa- tion in that cemetery of a person described in section 2411(b) of this title, subject to the re- ceipt 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 ap- propriate official of such State or county; and (B) a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State or county. (f)(1) Amounts appropriated to carry out this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a State or county 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 un- used grant funds from such State or county. (2) In any fiscal year, the aggregate amount of grants awarded under this section for the pur- poses specified in subsection (a)(1)(B) may not exceed $10,000,000. (g)(1) The Secretary may make grants under this subsection to any tribal organization to as- sist the tribal organization in establishing, ex- panding, or improving veterans’ cemeteries, or in operating and maintaining such cemeteries, on trust land owned by, or held in trust for, the tribal organization. (2) Grants under this subsection shall be made in the same manner, and under the same condi- tions, as grants to States are made under the preceding provisions of this section. (h)(1) The Secretary may make a grant to a county under this section only if— (A)(i) the State in which the county is lo- cated does not have a veterans’ cemetery owned by the State; (ii) the State is not in receipt of a grant under this section for the construction of a new veterans’ cemetery to be owned by the State; (iii) the State did not apply for a grant under this section during the previous year; (iv) no tribal organization from the State in which the county is located has a veterans’ cemetery on trust land owned by, or held in trust for, the tribal organization; (v) no such tribal organization is in receipt of a grant under this section for the construc- tion of a new veterans’ cemetery to be located on such land; and (vi) no such tribal organization applied for a grant under this section during the previous year; and (B) the county demonstrates in the applica- tion under subsection (a)(2), to the satisfac- tion of the Secretary, that the county has the resources necessary to operate and maintain the veterans’ cemetery owned by the county. (2)(A) If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State. (B) If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization. (3) The Secretary shall prescribe regulations to carry out this subsection. (i)(1) The Secretary may not establish a condi- tion for a grant under this section that restricts the ability of a State receiving such a grant to inter in a veterans’ cemetery owned by that State any individual described in paragraph (2) solely by reason of the ineligibility of such indi- vidual for burial in an open national cemetery under the control of the National Cemetery Ad- ministration under section 2402(a) of this title. (2) An individual described in this paragraph is the following: (A) Any member of a reserve component of the Armed Forces who was discharged or re- leased from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of such a reserve component. (B) Any member of the Army National Guard or the Air National Guard who was dis- charged or released from service under condi- tions other than dishonorable or whose death occurs under conditions other than dishonor- able while a member of the Army National Guard or the Air National Guard. (C) Any member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force whose death occurs under conditions other than dishonorable while a member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force. (D) Any spouse of any member described in subparagraphs (A) through (C). (E) Any minor child or unmarried adult child (as such terms are defined in section 2402(a) of this title) of any member described in subparagraphs (A) through (C). (j) The Secretary may not deny an application for a grant under this section solely on the basis Page 632 TITLE 38—VETERANS’ BENEFITS § 2408 that the State receiving such grant may use funds from such grant to expand, improve, oper- ate, or maintain a veterans’ cemetery in which interment of individuals described in subsection (i)(2) is allowed. (k)(1) The Secretary may not establish a con- dition for a grant under this section that re- stricts the ability of a State, county, or tribal organization receiving such a grant to allow the interment of any person described in paragraph (8) or (10) of section 2402(a) of this title in a vet- erans’ cemetery owned by that State or county or on trust land owned by, or held in trust for, that tribal organization. (2) The Secretary may not deny an application for a grant under this section solely on the basis that the State, county, or tribal organization re- ceiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery in which interment of per- sons described in paragraph (8) or (10) of section 2402(a) of this title is allowed. (3)(A) When requested by a State, county, or tribal organization that is the recipient of a grant made under this section, the Secretary shall— (i) determine whether a person is eligible for burial in a national cemetery under paragraph (8) or (10) of section 2402(a) of this title; and (ii) advise the recipient of the determina- tion. (B) A recipient described in subparagraph (A) may use a determination of the Secretary under such subparagraph as a determination of the eli- gibility of the person concerned for burial in the cemetery for which the grant was made. (l) For purposes of this section: (1) The term ‘‘tribal organization’’ has the meaning given that term in section 3765(4) of this title. (2) The term ‘‘trust land’’ has the meaning given that term in section 3765(1) of this title. (Added Pub. L. 95–476, title II, § 202(b)(1), Oct. 18, 1978, 92 Stat. 1504, § 1008; amended Pub. L. 98–223, title II, § 202, Mar. 2, 1984, 98 Stat. 41; Pub. L. 100–322, title III, § 343, May 20, 1988, 102 Stat. 540; Pub. L. 100–687, div. B, title XVI, § 1601, Nov. 18, 1988, 102 Stat. 4137; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renum- bered § 2408 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103–446, title VIII, § 803, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 105–116, § 2, Nov. 21, 1997, 111 Stat. 2382; Pub. L. 105–368, title IV, §§ 403(c)(8), 404(a)(1), (b), (c), title X, § 1005(b)(5), Nov. 11, 1998, 112 Stat. 3339, 3365; Pub. L. 108–183, title V, § 503, Dec. 16, 2003, 117 Stat. 2667; Pub. L. 109–461, title IV, § 403, Dec. 22, 2006, 120 Stat. 3430; Pub. L. 110–157, title II, § 202(b)(1)–(3), Dec. 26, 2007, 121 Stat. 1832, 1833; Pub. L. 116–315, title II, §§ 2205(a), (b)(1), 2206, 2208(a), Jan. 5, 2021, 134 Stat. 4986–4988; Pub. L. 117–103, div. CC, § 102(a), Mar. 15, 2022, 136 Stat. 1109; Pub. L. 118–159, div. E, title L, § 5001, Dec. 23, 2024, 138 Stat. 2407.) Editorial Notes AMENDMENTS 2024—Subsecs. (k), (l). Pub. L. 118–159 added subsec. (k) and redesignated former subsec. (k) as (l). 2022—Subsec. (d)(2). Pub. L. 117–103, § 102(a)(1), sub- stituted ‘‘Except as provided in subsection (i), the Sec- retary may’’ for ‘‘The Secretary may’’. Subsecs. (i) to (k). Pub. L. 117–103, § 102(a)(2), (3), added subsecs. (i) and (j) and redesignated former sub- sec. (i) as (k). 2021—Pub. L. 116–315, § 2205(b)(1), inserted ‘‘, counties, and tribal organizations’’ after ‘‘States’’ in section catchline. Pub. L. 116–315, § 2205(a)(1), inserted ‘‘or county’’ after ‘‘State’’ wherever appearing. Subsec. (a)(1). Pub. L. 116–315, § 2205(a)(2), substituted ‘‘subsections (b), (c), (d), and (g)’’ for ‘‘subsection (b)’’ in introductory provisions. Subsec. (b)(1)(A). Pub. L. 116–315, § 2208(a)(1)(A), sub- stituted ‘‘(ii) the cost’’ for ‘‘and (ii) the cost’’ and in- serted before semicolon ‘‘; and (iii) training costs de- scribed in subsection (c)(1)’’. Subsec. (b)(1)(B). Pub. L. 116–315, § 2208(a)(1)(B), sub- stituted ‘‘(ii) the cost’’ for ‘‘and (ii) the cost’’ and in- serted ‘‘; and (iii) training costs described in subsection (c)(1)’’ before period at end. Subsec. (c). Pub. L. 116–315, § 2208(a)(3), added subsec. (c). Former subsec. (c) redesignated (d). Subsecs. (d), (e). Pub. L. 116–315, § 2208(a)(2), redesig- nated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f). Subsec. (e)(2). Pub. L. 116–315, § 2206, substituted ‘‘$10,000,000’’ for ‘‘$5,000,000’’. Subsec. (f). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g). Subsec. (f)(3). Pub. L. 116–315, § 2205(a)(4)(A), (B), re- designated par. (3) as (h). Such subsec. (h) subsequently redesignated (i). Subsec. (g). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (f) as (g). Another subsec. (g), which was added by Pub. L. 116–315, § 2205(a)(3), was redesignated (h). Pub. L. 116–315, § 2205(a)(3), added subsec. (g). Subsec. (h). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (g), as added by Pub. L. 116–315, § 2205(a)(3), as (h). Another subsec. (h), which was redesignated from (f)(3) by Pub. L. 116–315, § 2205(a)(4)(A), was redesignated (i). Pub. L. 116–315, § 2205(a)(4), redesignated subsec. (f)(3) as (h) and subpars. (A) and (B) as pars. (1) and (2), re- spectively, and substituted ‘‘this section’’ for ‘‘this sub- section’’ in introductory provisions. Subsec. (h) subse- quently redesignated (i). Subsec. (i). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (h), as redesignated by Pub. L. 116–315, § 2205(a)(4)(A), (B), as (i). 2007—Subsec. (a). Pub. L. 110–157, § 202(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘Subject to subsection (b) of this sec- tion, the Secretary may make grants to any State to assist such State in establishing, expanding, or improv- ing veterans’ cemeteries owned by such State. Any such grant may be made only upon submission of an ap- plication to the Secretary in such form and manner, and containing such information, as the Secretary may require.’’ Subsec. (b). Pub. L. 110–157, § 202(b)(3)(A), substituted ‘‘A grant under this section for a purpose described in subsection (a)(1)(A)’’ for ‘‘Grants under this section’’ in introductory provisions and ‘‘such a grant’’ for ‘‘a grant under this section’’ wherever appearing. Subsec. (d)(1). Pub. L. 110–157, § 202(b)(3)(B), struck out ‘‘to assist such State in establishing, expanding, or improving a veterans’ cemetery’’ before ‘‘shall be made subject’’. Subsec. (e). Pub. L. 110–157, § 202(b)(2), designated ex- isting provisions as par. (1) and added par. (2). Subsec. (f)(1). Pub. L. 110–157, § 202(b)(3)(C), inserted ‘‘, or in operating and maintaining such cemeteries,’’ after ‘‘veterans’ cemeteries’’. 2006—Subsec. (f). Pub. L. 109–461 added subsec. (f). 2003—Subsec. (a). Pub. L. 108–183, § 503(a), struck out par. (1) designation before ‘‘Subject to’’ and struck out par. (2) which authorized amounts for fiscal years 1999 through 2004 for grants. Page 633 TITLE 38—VETERANS’ BENEFITS § 2409 Subsec. (d)(1). Pub. L. 108–183, § 503(c), struck out ‘‘on or after November 21, 1997,’’ after ‘‘grant made’’. Subsec. (e). Pub. L. 108–183, § 503(b), substituted ‘‘Amounts appropriated to carry out this section’’ for ‘‘Sums appropriated under subsection (a) of this sec- tion’’. 1998—Subsec. (a)(2). Pub. L. 105–368, § 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 nec- essary 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, § 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 deter- mining 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, § 403(c)(8), substituted ‘‘under the control of the National Cemetery Adminis- tration’’ for ‘‘in the National Cemetery System’’. Subsec. (d)(1). Pub. L. 105–368, § 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, § 401(b), substituted ‘‘shall remain available until expended’’ for ‘‘shall remain available until the end of the second fiscal year fol- lowing 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 ‘‘four- teen’’ for ‘‘nine’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1008 of this title as this section. Subsec. (c)(1). Pub. L. 102–83, § 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, § 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, § 343(2)–(4), redesignated par. (3) as (2) and substituted ‘‘percent’’ for ‘‘per cen- tum’’ and ‘‘paragraph (1)’’ for ‘‘paragraph (2)’’. Former par. (2) redesignated (1). Subsec. (b)(3), (4). Pub. L. 100–322, § 343(2), redesig- nated 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 ‘‘fis- cal years’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT; APPLICABILITY Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: ‘‘The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applica- tions submitted on or after the date that is two years after the date of the enactment of this Act..[sic]’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–368, title IV, § 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 be- ginning 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. REGULATIONS Pub. L. 110–157, title II, § 202(b)(4), Dec. 26, 2007, 121 Stat. 1833, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2007], the Secretary of Veterans Affairs shall prescribe regula- tions to carry out the amendments made by this sub- section [amending this section].’’ PROHIBITION ON ENFORCING CERTAIN CONDITIONS ON GRANTS FOR STATE VETERANS’ CEMETERIES Pub. L. 117–103, div. CC, § 102(b), Mar. 15, 2022, 136 Stat. 1110, provided that: ‘‘The Secretary of Veterans Affairs may not enforce a condition on a grant described in subsection (i)(1) of section 2408 of title 38, United States Code, as added by subsection (a), that was established before the date of the enactment of this Act [Mar. 15, 2022].’’ § 2409. Memorial areas in Arlington National Cemetery (a) The Secretary of the Army may set aside, when available, a suitable area or areas in Ar- lington 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, wheth- er 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)(1) Under regulations prescribed by the Sec- retary of the Army and subject to paragraph (2), appropriate memorials or markers may be erect- ed in Arlington National Cemetery to honor the memory of those individuals, or group of indi- viduals, referred to in subsection (a) of this sec- tion. (2)(A) Except for a monument containing or marking interred remains, no monument (or similar structure, as determined by the Sec- retary of the Army in regulations) may be placed in Arlington National Cemetery except pursuant to the provisions of this subsection. (B) A monument may be placed in Arlington National Cemetery if the monument commemo- rates— (i) the service in the Armed Forces of the in- dividual, or group of individuals, whose mem- ory is to be honored by the monument; or