CHAPTER 24—NATIONAL CEMETERIES AND MEMORIALS

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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 ystem for the interment of deceased servicemembers and veterns. Such system shall be headed by the Director of the National 'emetery System, who shall perform such functions as may be asigned by the Secretary.

(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), June 18, 1973, 87 Stat. 75, § 1000; mended P.L. 99-576, § 701(52), Oct. 28, 1986, 100 Stat. 3295; P.L. 00–527, § 13(i), Oct. 25, 1988, 102 Stat. 2644; P.L. 101–237, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2400 and mended P.L. 102-83, §§ 4(a)(3), (4), 5(a), Aug. 6, 1991, 105 Stat. 04, 406.)

2401. Advisory Committee on Cemeteries and Memorials

There shall be appointed by the Secretary an Advisory Commitee on Cemeteries and Memorials. The Secretary shall advise and onsult with the Committee from time to time with respect to the dministration of the cemeteries for which the Secretary is responible, and with respect to the selection of cemetery sites, the erecion of appropriate memorials, and the adequacy of Federal burial enefits. The Committee shall make periodic reports and recmmendations to the Secretary and to Congress.

(Added P.L. 93-43, §2(a), June 18, 1973, 87 Stat. 75, § 1001; amended P.L. 99-576, § 701(53), Oct. 28, 1986, 100 Stat. 3295; P.L 101-237, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2401, P.L. 102-83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

§ 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 spouse, surviving spouse (which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce), 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 instruction at an approved educational institution), and, in the discretion of the Secretary, unmarried adult child of any of the persons listed in paragraphs (1) through (4) and paragraph (7).

(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 67 of title 101 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.

Added P.L. 93-43, §2(a), June 18, 1973, 87 Stat. 75, § 1002; mended P.L. 99-576, § 701(54), Oct. 28, 1986, 100 Stat. 3295; P.L. 01-237, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; P.L. 102-40, 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered §2402, P.L. 02-83, §5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 103-240, § 1, May , 1994, 108 Stat. 609; P.L. 103-446, §§ 801, 802, Nov. 2, 1994, 108 tat. 4675; P.L. 104-275, § 211, Oct. 9, 1996, 110 Stat. 3330.)

2403. Memorial areas

(a) The Secretary shall set aside, when available, suitable areas ì national cemeteries to honor the memory of members of the rmed 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.

(b) Under regulations prescribed by the Secretary, appropriate emorials or markers shall be erected to honor the memory of hose individuals, or group of individuals, referred to in subsection 1) of this section.

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

Added P.L. 93-43, §2(a), June 18, 1973, 87 Stat. 76, § 1003; mended P.L. 97-66, §603(b), Oct. 17, 1981, 95 Stat. 1034; P.L. 7-295, §4(34), Oct. 12, 1982, 96 Stat. 1307; P.L. 101-237, 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2403, P.L. 02-83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)

2404. Administration

(a) The Secretary is authorized to make all rules and regulations hich are necessary or appropriate to carry out the provisions of his chapter, and may designate those cemeteries which are considred to be national cemeteries.

(b) In conjunction with the development and administration of emeteries for which the Secretary is responsible, the Secretary hall provide all necessary facilities including, as necessary, superntendents' lodges, chapels, crypts, mausoleums, and columbaria. (c)(1) Subject to paragraph (2), each grave in a national cemetery hall be marked with an appropriate marker. Such marker shall

So in law. Probably should be "title 10,". This paragraph was added by section 1 of P.L. 10340 (108 Stat. 609). Chapter 67 of title 10 was transferred and renumbered to become chapter 223 by P.L. 103–337.