§ 2400. — Establishment of National Cemetery Administration; composition of Administration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2400]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 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, Sec. 2(a), June 18, 1973, 87 Stat. 75, Sec. 1000;
amended Pub. L. 99-576, title VII, Sec. 701(52), Oct. 28, 1986, 100
Stat. 3295; Pub. L. 100-527, Sec. 13(i), Oct. 25, 1988, 102 Stat. 2644;
Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered Sec. 2400 and amended Pub. L. 102-83, Secs. 4(a)(3),
(4), 5(a), Aug. 6, 1991, 105 Stat. 404, 406; Pub. L. 105-368, title IV,
Sec. 403(c)(3), Nov. 11, 1998, 112 Stat. 3338.)
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, as amended, which is
classified principally to this chapter (Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 5(a), renumbered section 1000 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 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''.
Change of Name
Pub. L. 105-368, title IV, Sec. 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, Sec. 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
Section 10(a) of Pub. L. 93-43 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.
Establishment of Additional National Cemeteries
Pub. L. 106-117, title VI, Sec. 611, Nov. 30, 1999, 113 Stat. 1580,
provided that:
``(a) Establishment.--The Secretary [of Veterans Affairs] 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 Secretary determines to be most in need of such a cemetery 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 appropriated to the Department [of Veterans Affairs]
for fiscal year 2000, such amounts for costs that the Secretary
estimates are required for the planning and commencement 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 establishment of the national cemeteries under
subsection (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 establishment 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 planning 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 national cemeteries under subsection (a) is
complete, the Secretary shall submit to Congress a report that updates
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, provided in
part: ``That during fiscal year 1999, or in subsequent fiscal years, the
`Construction, major projects' account shall be reimbursed, in the
amount transferred, 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, Sec. 403, Aug. 14, 1991, 105 Stat. 422, as
amended by Pub. L. 103-79, Sec. 4, Aug. 13, 1993, 107 Stat. 772; Pub. L.
103-446, title XII, Sec. 1202(c), Nov. 2, 1994, 108 Stat. 4689; Pub. L.
107-217, Sec. 3(o), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 107-330,
title III, Sec. 308(i), Dec. 6, 2002, 116 Stat. 2829, provided that:
``(a) In General.--Pershing Hall, an existing memorial in Paris,
France, owned by the United States, together with the personal property
of such memorial, is hereby placed under the jurisdiction, custody, and
control 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 provided
therefor.
``(b) Administration.--(1)(A) The Secretary of Veterans 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 inquiries, and otherwise assist veterans and their families 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 dedicated, 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 subparagraph (A) shall be carried out by
the American Battle Monuments Commission.
``(3) To the extent that funds are available in the Pershing 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 Department of Veterans Affairs who are United States
citizens and are assigned by the Secretary to Pershing Hall.
``(c) Leases.--(1) The Secretary may enter into agreements as the
Secretary determines necessary or appropriate for the operation,
development, and improvement of Pershing Hall and its site, including
the leasing of portions of the Hall for terms not to exceed 99 years in
areas that are newly constructed or substantially 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 determined 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 Pershing 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 transferred 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
transferred 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 principal and interest by the United
States that, as determined by the Secretary of Veterans Affairs, has a
maturity 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 redemption of, such obligations.
``(6)(A) Subject to subparagraphs (B) and (C), the Secretary 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 provisions 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 amendment 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 executed.]
[Section 403 of Pub. L. 102-86, set out above, was classified to
section 493 of former Title 36 prior to the general revision and
enactment of Title 36, Patriotic and National Observances, Ceremonies,
and Organizations, by Pub. L. 105-225, Sec. 1, Aug. 12, 1998, 112 Stat.
1253.]
Authority To Establish National Cemeteries
Section 414 of Pub. L. 99-576 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 develop and acquire cemeteries as part of the
National Cemetery System [now National Cemetery Administration]
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 Secretary] may
acquire land necessary for a cemetery authorized by subsection (a) of
this section by donation, purchase, condemnation, exchange of lands in
the United States public domain, or otherwise.''
Section Referred to in Other Sections
This section is referred to in section 307 of this title.
