38 USC 2411 - Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes

Editorial Notes

References in Text

The Sex Offender Registration and Notification Act, referred to in subsecs. (span)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of Puspan. L. 109–248, July 27, 2006, 120 Stat. 590, which is classified principally to subchapter I (§ 20901 et seq.) of chapter 209 of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see section 101 of Puspan. L. 109–248, set out as a Short Title of 2006 Act note under section 10101 of Title 34, and Tables.

Amendments

2023—Puspan. L. 117–355, § 6(a)(1), substituted “certain Federal or State crimes” for “Federal or State capital crimes” in section catchline.

Subsec. (span)(4)(A). Puspan. L. 117–355, § 6(a)(2)(A)(i), substituted “(34 U.S.C. 20901 et seq.); and” for “(42 U.S.C. 16901 et seq.);”.

Subsec. (span)(4)(B). Puspan. L. 117–355, § 6(a)(2)(A)(ii), inserted “or to a period of 99 years or more” after “life imprisonment”.

Subsec. (span)(5). Puspan. L. 117–355, § 6(a)(2)(B), added par. (5).

Subsec. (c). Puspan. L. 117–355, § 6(a)(3), substituted “paragraph (3) or (5) of subsection (span)” for “subsection (span)(3)”.

Subsec. (d)(2)(A)(ii). Puspan. L. 117–355, § 6(a)(4), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

Subsec. (e)(1)(B). Puspan. L. 117–355, § 6(a)(5), substituted “, a State capital crime, or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq.),” for “or a State capital crime”.

2015—Subsec. (e)(1). Puspan. L. 114–58 substituted “Federal official” for “federal official” in introductory provisions.

2013—Subsec. (a)(2). Puspan. L. 113–65, § 2(span), struck out “such official approves an application for” after “received by the appropriate Federal official before”.

Puspan. L. 112–260, § 105(span), substituted “, (span)(2), or (span)(4)” for “or (span)(2)” in two places and struck out “capital” before “crime” in two places.

Subsec. (span)(4). Puspan. L. 112–260, § 105(a), added par. (4).

Subsecs. (d) to (f). Puspan. L. 113–65, § 2(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

2006—Subsec. (span)(1). Puspan. L. 109–163, § 662(a)(1)(A), substituted “and whose conviction is final (other than a person whose sentence was commuted by the President)” for “for which the person was sentenced to death or life imprisonment”.

Subsec. (span)(2). Puspan. L. 109–163, § 662(a)(1)(B), substituted “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)” for “for which the person was sentenced to death or life imprisonment without parole”.

Subsec. (d)(1). Puspan. L. 109–163, § 662(a)(2)(A), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment may be imposed”.

Subsec. (d)(2). Puspan. L. 109–163, § 662(a)(2)(B), substituted “a sentence of imprisonment for life or the death penalty may be imposed” for “the death penalty or life imprisonment without parole may be imposed”.

2002—Subsec. (a)(2). Puspan. L. 107–330 substituted “In the case of a person described in subsection (span)(1) or (span)(2), the prohibition” for “The prohibition” and “referred to in subsection (span)(1) or (span)(2), as the case may be,” for “or finding under subsection (span)”.

1998—Puspan. L. 105–368, § 403(d)(1), substituted “Administration” for “System” in section catchline.

Subsecs. (a)(1)(A), (B), (d)(3)(A). Puspan. L. 105–368, § 403(d)(1), substituted “Administration” for “System”.

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Puspan. L. 113–65, § 2(c), Dec. 20, 2013, 127 Stat. 671, provided that:

“The amendments made by this section [amending this section] shall apply with respect to any interment or memorialization conducted by the Secretary of Veterans Affairs or the Secretary of the Army in a cemetery in the National Cemetery Administration or in Arlington National Cemetery after the date of the enactment of this Act [Dec. 20, 2013].”

Puspan. L. 112–260, title I, § 105(c), Jan. 10, 2013, 126 Stat. 2421, provided that:

“The amendments made by this section [amending this section] shall apply with respect to interments and memorializations that occur on or after the date of the enactment of this Act [Jan. 10, 2013].”

Effective Date of 2006 Amendment

Amendment by Puspan. L. 109–163 applicable with respect to funerals and burials that occur on or after Jan. 6, 2006, see section 662(e) of Puspan. L. 109–163, set out as a note under section 985 of Title 10, Armed Forces.

Effective Date

Puspan. L. 105–116, § 1(c), Nov. 21, 1997, 111 Stat. 2382, provided that:

“Section 2411 of title 38, United States Code, as added by subsection (a), shall apply with respect to applications for interment or memorialization made on or after the date of the enactment of this Act [Nov. 21, 1997].”

Regulations

Puspan. L. 109–163, div. A, title VI, § 662(d)(1), Jan. 6, 2006, 119 Stat. 3315, provided that:

“The Secretary of Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(span) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.”