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pensation, the Secretary may pay, in addition to any amount paid pursuant to section 2302 or 2307 of this title, the cost of transportation of the deceased veteran for burial in a national cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran's last place of residence in which burial space is available.

(Added P.L. 94-433, § 304(a); amended P.L. 101-237, §313(b); P.L. 102-83, §5(a), (c)(1).)

CHAPTER 24-NATIONAL CEMETERIES AND MEMORIALS

Sec. 2400.

2401.

2402.

2403.

2404.

2405.

2406.

2407.

2408.

2409.

2410.

Establishment of National Cemetery System; composition of such system; appointment of director.

Advisory Committee on Cemeteries and Memorials.

Persons eligible for interment in national cemeteries.

Memorial areas.

Administration.

Disposition of inactive cemeteries.

Acquisition of lands.

Authority to accept and maintain suitable memorials.

Aid to States for establishment, expansion, and improvement of veterans' cemeteries.

Memorial areas in Arlington National Cemetery.

Burial of cremated remains in Arlington National Cemetery.

$2400. Establishment of National Cemetery System; composition of such system; appointment of director

(a) There shall be within the Department a National Cemetery System for the interment of deceased servicemembers and veterans. The Secretary may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Secretary.

(Added P.L. 93-43, §2(a); amended P.L. 99-576, 8701(52); P.L. 101-237, § 313(b); P.L. 102–83, §§ 4(a), 5(a).)

(b) The National Cemetery System 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. (Added P.L. 93-43, §2(a); amended P.L. 101-237, §313(b); P.L. 102–83, §§ 4(a), 5(a).)

$2401. Advisory Committee on Cemeteries and Memorials

There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memorials. The Secretary shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which the Secretary is responsible, and with respect to the selection of cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee shall make periodic reports and recommendations to the Secretary and to Congress.

(Added P.L. 93-43, §2(a); amended P.L. 99-576, §701(53); P.L. 101-237, § 313(b); P.L. 102–83, § 5(a).)

§ 2402. Persons eligible for interment in national cemeteries

Under such regulations as the Secretary may prescribe and subject to the provisions of section 6105 of this title, the remains of the following persons may be buried in any open national cemetery in the National Cemetery System:

(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, or air service).

(2) Any member of a Reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while such member is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States.

(3) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while such member is

(A) attending an authorized training camp or on an authorized practice cruise;

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

(C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is(i) attending that camp or on that cruise; (ii) performing that travel; or

(iii) undergoing that hospitalization or treatment at the expense of the United States.

(4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, and whose last such service terminated honorably.

(5) The surviving spouse, minor child, and, in the discretion of the Secretary, unmarried adult child of any of the persons listed in paragraphs (1) through (4).

(6) Such other persons or classes of persons as may be designated by the Secretary.

(Added P.L. 93-94, §2(a); amended P.L. 99-576, 8701(54); P.L. 101-237, § 313(b); P.L. 102–40, § 402(d)(1); P.L. 102-83, § 5(a).)

$2403. Memorial areas

(a) The Secretary shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces and veterans

(1) who are missing in action;

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

(3) whose remains were buried at sea, whether by the member's or veteran's own choice or otherwise;

(4) whose remains were donated to science; or

(5) whose remains were cremated and the ashes scattered without interment of any portion of the ashes.

(Added P.L. 93-43, § 2(a); amended P.L. 97-66, § 603(b); P.L. 101– 237, §313(b); P.L. 102-83, § 5(a).)

(b) Under regulations prescribed by the Secretary, appropriate memorials or markers shall be erected to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section.

(Added P.L. 93-43, § 2(a); amended P.L. 101-237, §313(b); P.L. 102-83, § 5(a).)

(c) All national and other veterans' cemeteries in the National Cemetery System created by this chapter shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Secretary is hereby authorized to permit appropriate officials to fly the flag of the United States of America at such cemeteries twenty-four hours each day.

(Added P.L. 93-43, § 2(a); amended P.L. 97-295, §4(34); P.L. 101237, §313(b); P.L. 102-83, § 5(a).)

§2404. Administration

(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.

(Amended P.L. 102-83, § 5(a).)

(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. (Amended P.L. 99-576, §701(55); P.L. 101–237, §313(b); P.L. 102– 83, §5(a).)

(cX1) 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 Department programs in the President's Budget for fiscal year 1987, the Secretary may provide for flat grave markers;

(B) in the case of any cemetery with a section which has flat markers on October 28, 1986, the Secretary may continue to provide for flat grave markers in such section;

(C) in the case of any cemetery located on the grounds of or adjacent to a Department health-care facility, the Secretary may provide for flat grave markers; and

(D) in the case of grave sites of cremated remains that are interred in the ground, the Secretary may provide for flat grave markers. (Amended P.L. 99–576, § 411; P.L. 100–322, § 341(a); P.L. 101–237, 8313(b); P.L. 102-54, § 14(b)(21); P.L. 102-83, §§ 4(a), (b), 5(a).)

(d) There shall be kept in each national cemetery, and at the main office of the Department, a register of burials in each cemetery setting forth the name of each person buried in the cemetery, the number of the grave in which the veteran is buried, and such other information as the Secretary by regulation may prescribe. (Amended P.L. 99–576, § 701(55); P.L. 101–237, §313(b); P.L. 102– 83, §§ 4(a), 5(a).)

(e) In carrying out the Secretary's responsibilities under this chapter, the Secretary may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under the Secretary's jurisdiction as the Secretary shall choose, under such terms and conditions as the Secretary may prescribe.

(Added P.L. 93-43, §2(a); amended P.L. 99-576, § 701(55); P.L. 101-237, § 313(b); P.L. 102-83, § 5(a).)

(f)(1) The Secretary is authorized to convey to any State, or political subdivision thereof, in which any national cemetery is located, all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if, prior to the delivery of any instrument of conveyance, the State or political subdivision to which such conveyance is to be made notifies the Secretary in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and delivery of such a conveyance, the jurisdiction of the United States over the road conveyed shall cease and thereafter vest in the State or political subdivision concerned.

(2) The Secretary may, to the extent of appropriated funds available for such purpose, make a contribution to local authorities for the construction of road improvements or traffic controls or other devices on land adjacent to a national cemetery if the Secretary determines that such a contribution is essential to ensure safe ingress to or egress from the cemetery.

(Added P.L. 93-43, § 2(a); amended P.L. 100-322, §342; P.L. 101237, § 313(b); P.L. 102–83, § 5(a).)

(g) Notwithstanding any other provision of law, the Secretary may at such time as the Secretary deems desirable, relinquish to the State in which any cemetery, monument, or memorial under the Secretary's jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish_concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of jurisdiction under the authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe.

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