§ 2400. Establishment of National Cemetery Administration; composition of Administration

§ 2400. Establishment of National Cemetery Administration; 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 Administration 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 facilities under the control of the National Cemetery Administration 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 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 Department 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 “Administration; 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 sentence, 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 provisions.

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 “Secretary” 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 Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator”.

1986—Subsec. (a). Pub. L. 99–576 substituted “servicemembers” for “servicemen” and “The Administrator” for “To assist him in carrying out his responsibilities 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 System of the Department of Veterans Affairs shall hereafter be known and designated as the National Cemetery Administration. The position of Director of the National Cemetery System is hereby redesignated as Under Secretary of Veterans Affairs for Memorial Affairs.”

Pub. L. 105–368, title IV, § 403(d), Nov. 11, 1998, 112 Stat. 3339, provided that: “(1) Any reference in a law, map, regulation, document, paper, or other record of the United States to the National Cemetery System shall be deemed to be a reference to the National Cemetery Administration. “(2) Any reference in a law, map, regulation, document, 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 Veterans 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 Department 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, provided 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 section 5316 of Title 5, Government Organization and Employees], 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 Cemeteries 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 Secretary 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 before the date that is one year after the date on which such report is submitted. “(b) Maintenance by National Cemetery Administration.—If the Mare Island Naval Cemetery is transferred 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 Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority to enter into an agreement under subsection (a). “(2) Contents.—The report submitted under paragraph (1) shall include the following:“(A) An assessment of the feasibility and advisability of entering into such an agreement. “(B) An estimate of the costs, including both direct and indirect costs, that the Department of Veterans 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 Veterans 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, including 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, provided 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 following entities:“(A) An institution of higher learning. “(B) A local education agency. “(C) A non-profit entity that the Secretary determines 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 financially effective means to promote the purposes in subsection (a)(3). “(d) Definitions.—In this section:“(1) The term ‘Veterans Legacy Program’ means the program of the National Cemetery Administration that is responsible for providing engagement and educational tools and opportunities to the public regarding 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. “(3) The term ‘local educational agency’ has the meaning given that term in section 8101 of the Elementary 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 described in paragraph (2) for the purpose of establishing 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 Daytona, Florida. “(C) An area near Omaha, Nebraska. “(D) An area near Buffalo, New York, and Rochester, New York. “(E) An area near Tallahassee, Florida. “(3) Site selection.—In carrying out this section, the Secretary shall solicit advice and views of representatives of State and local veterans organizations and other individuals as the Secretary considers appropriate. “(4) Matters included.—The report under paragraph (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 establishment 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 report 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 chapter 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 having been determined by the Secretary of Veterans Affairs to be the most appropriate locations for new national 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 Department 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 subsection (a) within the locations specified in that subsection, the Secretary shall solicit the advice and views of representatives of State and local veterans organizations 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 establishment of the national cemeteries required by subsection (a). The report shall—“(1) set forth a schedule for the establishment of each such cemetery and an estimate of the costs associated 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 cemeteries is completed and each such cemetery has opened. The Secretary shall include in each such annual report an update of the information provided under paragraphs (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