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State, or the employer of the deceased veteran, no claim for such allowance shall be allowed for more than the difference between the entire amount of the expenses incurred and the amount paid or assumed by any or all of the foregoing entities. (As amended Pub. L. 93-43, § 5(a) (1), June 18, 1973, 87 Stat. 80.)

AMENDMENTS

1973-Pub. L. 93-43, in revising the text, substituted reference to section "611" for "611(a)" in opening text of subsec. (a), designated existing provisions of subsec. (a) as first part of par. (1) of such subsec. (a), incorporated provisions of former subsec. (c) as second part of par. (1) of subsec. (a), redesignated former subsec. (b) as par. (2) of subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1973 AMENDMENT

Section 10(b) of Pub. L. 93-43 provided that: "Clause (1) of section 5(a) [amending this section] shall take effect on the first day of the second calendar month following the date of enactment of this Act [June 18, 1973]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 907 of this title. § 906. Headstones and markers.

(a) The Administrator shall furnish, when requested, appropriate Government headstone or markers at the expense of the United States for the unmarked graves of the following:

(1) Any individual buried in a national cemetery or in a post cemetery.

(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 1002 (4), (5), and (6) of this title.

(3) Soldiers of the Union and Confederate Armies of the Civil War.

(b) The Administrator shall furnish, when requested, an appropriate memorial headstone or marker to commemorate any veteran dying in the service, and whose remains have not been recovered or identified or were buried at sea, for placement by the applicant in a national cemetery area reserved for such purposes under the provisions of section 1003 of this title, or in any private or local cemetery. (Added Pub. L. 93-43, § 5(a) (2), June 18, 1973, 87 Stat. 80.)

EFFECTIVE DATE

Section 10(c) of Pub. L. 93-43 provided that: "Clause (2) of section 5(a) [enacting this section and section 907 of this title] and sections 6 [enacting provisions set out a note under section 1004 of this title] and 7 [repealing sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290 and 296 of Title 24 and enacting provisions set out as notes under sections 271 to 276 of Title 24] of this Act shall take effect September 1, 1973, or on such earlier date as the President may prescribe and publish in the Federal Register."

§ 907. Death from service-connected disability.

In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Administrator, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the amount authorized to be paid under section 8134 (a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits

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§ 1000. Establishment of National Cemetery System; composition of such system; appointment of director.

(a) There shall be within the Veterans' Administration a National Cemetery System for the interment of deceased servicemen and veterans. To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator.

(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 Administrator. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 75.)

REFERENCES IN TEXT

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) and (3), see Transfer of Functions note set out under section 1004 of this title.

EFFECTIVE DATE

Section 10(a) of Pub. L. 93-43 provided that: "The first section [set out as a Short Title note under this section] and sections 2 [enacting this chapter and redesignating former par. (131) as (132) and enacting par. (133) of section 5316 of Title 5], 3 [set out as a note under section 1004 of this title], 4 [enacting section 218 and repealing section 625 of this title], and 8 [amending section 3305(a) of this title] of this Act shall take effect on the date of enactment of this Act [June 18, 1973]."

SHORT TITLE

Section 1 of Pub. L. 93-43 provided: "That this Act [which enacted this chapter and sections 218, 906, and 907 of this title, amended sections 903 and 3505(a) of this title and section 5316 (131)-(133) of Title 5, repealed sec

tion 625 of this title and sections 271 to 273, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, enacted provisions set out as notes under sections 903, 906, 1000, and 1004 of this title and former sections 271 to 276 of Title 24, and repealed provisions set out as notes under former sections 289 and 290 of Title 24] may be cited as the 'National Cemeteries Act of 1973'."

§ 1001. Advisory Committee on Cemeteries and Memorials.

There shall be appointed by the Administrator an Advisory Committee on Cemeteries and Memorials. The Administrator shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which he 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 Administrator and to Congress. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 75.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10 (a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

§ 1002. Persons eligible for interment in national cemeteries.

Under such regulations as the Administrator may prescribe and subject to the provisions of section 3505 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 he is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he 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 he 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 he 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 wife, husband, surviving spouse, minor child, and, in the discretion of the Administrator,

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 Administrator. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 75.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 906 of this title. § 1003. Memorial areas.

(a) The Administrator shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces missing in action, or who died or were killed while serving in such forces and whose remains have not been identified, have been buried at sea or have been determined to be nonrecoverable.

(b) Under regulations prescribed by the Administrator, 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.

(c) All national and other veterans' cemeteries in the National Cemetery System created by this Act shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Administrator 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 Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 76.)

REFERENCES IN TEXT

For composition of National Cemetery System created by this Act, referred to in subsec. (c), see section 1000 (b) of this title.

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 906 of this title. § 1004. Administration.

(a) The Administrator 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.

(b) In conjunction with the development and administration of cemeteries for which he is responsible, the Administrator shall provide all necessary facilities including, as necessary, superintendents' lodges, chapels, crypts, mausoleums, and columbaria.

(c) 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 Administrator shall by regulation prescribe.

(d) There shall be kept in each national cemetery, and at the main office of the Veterans' Administration, 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 he is buried, and such other information as the Administrator by regulation may prescribe.

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

(f) The Administrator 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 Administrator 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.

(g) Notwithstanding any other provision of law, the Administrator may at such time as he deems desirable, relinquish to the State in which any cemetery, monument, or memorial under his 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. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 76.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

TRANSFER OF FUNCTIONS

Section 6 of Pub. L. 93-43 provided that:

"[Jurisdiction] (a)(1) There are hereby transferred from the Secretary of the Army to the Administrator of Veterans' Affairs all jurisdiction over, and responsibility for, (A) all national cemeteries (except the cemetery at the United States Soldiers' and Airmen's Home and Arlington National Cemetery), and (B) any other cemetery (including burial plots), memorial, or monument under the jurisdiction of the Secretary of the Army immediately preceding the effective date of this section [see note hereunder] (except the cemetery located at the United States Military Academy at West Point) which the President determines would be appropriate in carrying out the purposes of this Act [see Short Title note under section 1000 of this title].

"(2) There are hereby transferred from the Secretary of the Navy and the Secretary of the Air Force to the Administrator of Veterans' Affairs all jurisdiction over, and responsbility for, any cemetery (including burial plots), memorial, or monument under the jurisdiction of either Secretary immediately preceding the effective date of this section [see note hereunder] (except those cemeteries located at the United States Naval Academy at Annapolis, the United States Naval Home Cemetery at Philadelphia, and the United States Air Force Academy at Colorado Springs) which the President determines would be appropriate in carrying out the purposes of this Act [see Short Title note under section 1000 of this title]. "[Personnel; property; records; and funds] (b) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available to, or under the jurisdiction of, the Secretary of the Army, the Secretary of the Navy, and the

Secretary of the Air Force, in connection with functions transferred by this Act, as determined by the Director of the Office of Management and Budget, are transferred to the Administrator of Veterans' Affairs.

"[Savings provisions; offenses, penalties and forfeitures] (c) All offenses committed and all penalties and forfeltures incurred under any of the provisions of law amended or repealed by this Act may be prosecuted and punished in the same manner and with the same effect as if such amendments or repeals had not been made.

"[Same; rules; regulations, permits, and other privileges] (d) All rules, regulations, orders, permits, and other privileges issued or granted by the Secretary of the Army, the Secretary of the Navy, or the Secretary of the Air Force with respect to the cemeteries, memorials, and monuments transferred to the Veterans' Administration by this Act, unless contrary to the provisions of such Act, shall remain in full force and effect until modified, suspended, overruled, or otherwise changed by the Administrator of Veterans' Affairs, by any court of competent jurisdiction, or by operation of law.

"[Abatement of proceedings; proceedings against United States or officer of Veterans' Administration; judicial orders; continuation of suits by Administrator] (e) No suit, action, or other proceeding commenced by or against any officer in his official capacity as an official of the Department of the Army, the Department of the Navy, or the Department of the Air Force with respect to functions transferred under subsection (a) or (c) of this section shall abate by reason of the enactment of this section. No cause of action by or against any such department with respect to functions transferred under such subsection (a) or by or against any officer thereof in his official capacity, shall abate by reason of the enactment of this section. Causes of actions, suits, or other proceedings may be asserted by or against the United States or such officer of the Veterans' Administration as may be appropriate and, in any litigation pending when this section takes effect, the court may at any time, upon its own motion or that of any party, enter an order which will give effect to the provisions of this subsection. If before the date this section takes effect [see note hereunder], any such department, or officer thereof in his official capacity, is a party to a suit with respect to any function so transferred, such suit shall be continued by the Administrator of Veterans' Affairs."

Section effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10 (c) of Pub. L. 93-43, set out as a note under section 906 of this title.

FUNCTIONS, POWERS, AND DUTIES OF SECRETARIES
UNAFFECTED

Repeal of sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, and enactment of provisions set out as notes under sections 271 to 276 of Title 24 without effect upon functions, powers, and duties of secretaries of the military departments with respect to cemeteries, memorials, or monuments under the jurisdiction of the secretary concerned to which the transfer provisions of section 6(a) of Pub. L. 93-43, set out as a note hereunder, do not apply, see section 7(b) of Pub. L. 93-43, set out as a note under sections 271 to 276 of Title 24, Hospitals, Asylums, and Cemeteries.

STUDIES; RECOMMENDATIONS TO CONGRESS Section 3 of Pub. L. 93-43 provided: that: "(a) The Administrator shall conduct a comprehensive study and submit his recommendations to Congress within twelve months after the convening of the first session of the Ninety-third Congress concerning:

"(1) criteria which govern the development and operation of the National Cemetery System, including the concept of regional cemeteries;

"(2) the relationship of the National Cemetery System to other burial benefits provided by Federal and State Governments to servicemen and veterans;

"(3) steps to be taken to conform the existing System to the recommended criteria;

"(4) the private burial and funeral costs in the United States;

"(5) current headstone and marker programs; and

“(6) the marketing and sales practices of non-Federal cemeteries and interment facilities, or any person either acting on their behalf or selling or attempting to sell any rights, interests, or service therein, which is directed specifically toward veterans and their dependents.

"(b) The Administrator shall also, in conjunction with the Secretary of Defense, conduct a comprehensive study of and submit their joint recommendations to Congress within twelve months after the convening of the first session of the Ninety-third Congress concerning:

"(1) whether it would be advisable in carrying out the purposes of this Act [see Short Title note set out under section 1000 of this title] to include the Arlington National Cemetery within the National Cemetery System established by this Act [see section 1000(b) of this title];

"(2) the appropriateness of maintaining the present eligibility requirements for burial at Arlington National Cemetery; and

"(3) the advisability of establishing another national cemetery in or near the District of Columbia." Provisions effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

§ 1005. Disposition of inactive cemeteries.

(a) The Administrator may transfer, with the consent of the agency concerned, any inactive cemetary, burial plot, memorial, or monument within his control to the Department of the Interior for maintenance as a national monument or park, or to any other agency of the Government. Any cemetery transferred to the Department of the Interior shall be administered by the Secretary of the Interior as a part of the National Park System, and funds appropriated to the Secretary for such system shall be available for the management and operation of such cemetery.

(b) The Administrator may also transfer and convey all right, title, and interest of the United States in or to any inactive cemetery or burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Administrator, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States.

(c) If a cemetery not within the National Cemetery System has been or is to be discontinued, the Administrator may provide for the removal of remains from that cemetery to any cemetery within such System. He may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery to a national cemetery. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 77.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

§ 1006. Acquisition of lands.

As additional lands are needed for national cemeteries, they may be acquired by the Administrator by purchase, gift (including donations from States or political subdivisions thereof), condemnation,

transfer from other Federal agencies, or otherwise, as he determines to be in the best interest of the United States. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 78.)

EFFECTIVE DATE

Section effective June 18, 1973, see section 10(a) of Pub. L. 93-43, set out as a note under section 1000 of this title.

§ 1007. Authority to accept and maintain suitable memorials.

Subject to such restrictions as he may prescribe, the Administrator 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 cemetery. He may make land available for this purpose, and may furnish such care and maintenance as he deems necessary. (Added Pub. L. 93-43, § 2(a), June 18, 1973, 87 Stat. 78.)

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EFFECTIVE DATE OF 1972 AMENDMENT Section 601 (a) of Pub. L. 92-540 provided that: "The rate increases provided in Title I of this Act [which amended subsec. (d) of this section and sections 1504, 1507, 1677, 1682, 1696, 1732, and 1742 of this title] and the rate increases provided by the provisions of section 1787, title 38, United States Code (as added by section 316 of this Act) shall become effective October 1, 1972; except, for those veterans and eligible persons in training on the date of enactment [Oct. 24, 1972], the effective date shall be the date of the commencement of the current enrollment period, but not earlier than September 1, 1972." SHORT TITLE

Section 1 of Pub. L. 92-540 provided: "That this Act [which enacted sections 1684, 1685, 1697A, 1733, 1734, 1780, 1786-1791, 2006-2008, and 2011-2013 of this title and section 591 of Appendix to Title 50, redesignated sections 1686 as 1683, 1737 as 1736, and 1788-1791 as 1792-1795, respectively, amended this section and sections 101, 102, 240, 241, 1504, 1507, 1661, 1671, 1673, 1677, 1681, 1682, 1691, 1692, 1696, 1701, 1712, 1720, 1723, 1731, 1732, 1735, 1742, 1770-1774, 1777, 1781-1785, 1792, 1793, 1795, 2001-2005, 3107, and 3301 of this title, and section 511 of Appendix to Title 50, repealed sections 1672, 1675, 1683, 1687, 1722, 1725, and 1736 of this title, and enacted provisions set out as notes under this section and sections 1712, 1780, 1786, 1792, and 2001 of this title] may be cited as the 'Vietnam Era Veterans' Readjustment Assistance Act of 1972'.” § 1504. Subsistence allowances.

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EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601 (a) of Pub. L. 92-540, set out as a note under section 1502 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1780 of this title. § 1507. Loans to trainees.

The revolving fund which was established pursuant to part VII of Veterans Regulation Numbered 1 (a) is continued in effect, and may be used by the Administrator, under regulations prescribed by him, for making advances, not in excess of $200 in any case, to veterans commencing or undertaking courses of vocational rehabilitation. Such advances, and advances heretofore made, shall bear no interest and shall be repaid in such installments as may be determined by the Administrator, by proper deductions from future payments of subsistence allowance, compensation, pension, or retirement pay. (As amended Pub. L. 92-540, title I, § 101(3), Oct. 24, 1972, 86 Stat. 1074.)

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1674.

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ress.

Education outside the United States.

1677. Flight training.

SUBCHAPTER IV. PAYMENTS ΤΟ ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES

Educational assistance allowance.

Computation of educational assistance allowances.
Approval of courses.

The amount in column IV, plus

1681.

the following for

each dependent in excess of two:

1682.

1683.

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Half-time.

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1972 Subsec. (b). Pub. L. 92-540 in column I substituted "Farm cooperative" for "Institutional on-farm", in column II substituted "$170" for "$135", "$128" for "$98", "$85" for "$67", and "$148" for "$118", in column III substituted "$211" for "8181", "$159" for "$133", "$106" for "$91", and "$179" for "$153", in column IV substituted "$248" for "$210", "$187" for "$156", "$124" for "$102", and "$207" for "$181", in heading for column IV substituted "Two dependents" for "Two or more dependents", and set forth provisions formerly set out following table as column V, and as so enumerated, increased the subsistence allowance of a veteran-trainee with more than two dependents, and struck out prerequisites for such increases.

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1972-Pub. L. 92-540, title IV, § 404 (a), Oct. 24, 1972, 86 Stat. 1090, added in Subchapter IV heading "VeteranStudent Services", and substituted in item 683 "Approval of courses" for "Apprenticeship or other on-job training": in item 1684 "Apprenticeship or other on-job training: correspondence courses" for "Measurement of courses". and in item 1685 "Veteran-student services" for "Overcharges by educational institutions", struck out item 1672 "Change of program", item 1675 "Period of operation for approval", item 1686 "Approval of courses", and item 1687 "Discontinuance of allowances, and added item 1697A.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in sections 1685, 1697A, 1780, 1787, 1788, 1790, 1792, 1793, 1794, 1795, 2013, 3107, 4114 of this title; title 20 sections 1070a, 1070e-1.

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