US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 2411

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

(a)
(1)
In the case of a person described in subsection (b), the appropriate Federal official may not—
(A)
inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B)
section 2403(a) of this titlesection 2409(a) of this title honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in ) or in such an area in Arlington National Cemetery (described in ).
(2)
In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime.
(b)
A person referred to in subsection (a) is any of the following:
(1)
A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President).
(2)
A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State).
(3)
A person who—
(A)
is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but
(B)
has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(4)
A person—
(A)
34 U.S.C. 20901 who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act ( et seq.); and
(B)
who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and
(C)
whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State, as the case may be).
(5)
A person who—
(A)
34 U.S.C. 20901 is found (as provided in subsection (c)) to have committed 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 ( et seq.); but
(B)
has not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(c)
A finding under paragraph (3) or (5) of subsection (b) shall be made by the appropriate Federal official. Any such finding may only be made based upon a showing of clear and convincing evidence, after an opportunity for a hearing in a manner prescribed by the appropriate Federal official.
(d)
(1)
In a case described in subsection (e), the appropriate Federal official may reconsider a decision to—
(A)
inter the remains of a person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B)
section 2403(a) of this titlesection 2409(a) of this title honor the memory of a person in a memorial area in a cemetery in the National Cemetery Administration (described in ) or in such an area in Arlington National Cemetery (described in ).
(2)
(A)
(i)
In a case described in subsection (e)(1)(A), the appropriate Federal official shall provide notice to the deceased person’s next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
(ii)
34 U.S.C. 20901 In a case described in subsection (e)(1)(B), if the appropriate Federal official finds, based upon a showing of clear and convincing evidence and after an opportunity for a hearing in a manner prescribed by the appropriate Federal official, that the person had committed a Federal capital crime, 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 ( et seq.), but had not been convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution, the appropriate Federal official shall provide notice to the deceased person’s next of kin or other person authorized to arrange burial or memorialization of the deceased person of the decision of the appropriate Federal official to disinter the remains of the deceased person or to remove a memorial headstone or marker memorializing the deceased person.
(B)
Notice under subparagraph (A) shall be provided by the appropriate Federal official as follows:
(i)
section 5104 of this title By the Secretary in accordance with .
(ii)
By the Secretary of Defense in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.
(3)
(A)
Notwithstanding any other provision of law, the next of kin or other person authorized to arrange burial or memorialization of the deceased person shall be allowed a period of 60 days from the date of the notice required by paragraph (2) to file a notice of disagreement with the Federal official that provided the notice.
(B)
(i)
section 7105 of this title A notice of disagreement filed with the Secretary under subparagraph (A) shall be treated as a notice of disagreement filed under and shall initiate appellate review in accordance with the provisions of chapter 71 of this title.
(ii)
A notice of disagreement filed with the Secretary of Defense under subparagraph (A) shall be decided in accordance with such regulations as the Secretary of Defense shall prescribe for purposes of this subsection.
(4)
When the decision of the appropriate Federal official to disinter the remains or remove a memorial headstone or marker of the deceased person becomes final either by failure to appeal the decision in accordance with paragraph (3)(A) or by final disposition of the appeal pursuant to paragraph (3)(B), the appropriate Federal official may take any of the following actions:
(A)
Disinter the remains of the person from the cemetery in the National Cemetery Administration or in Arlington National Cemetery and provide for the reburial or other appropriate disposition of the disinterred remains in a place other than a cemetery in the National Cemetery Administration or in Arlington National Cemetery.
(B)
Remove from a memorial area in a cemetery in the National Cemetery Administration or in Arlington National Cemetery any memorial headstone or marker placed to honor the memory of the person.
(e)
(1)
A case described in this subsection is a case in which the appropriate Federal official receives—
(A)
written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4) of a person described in paragraph (2); or
(B)
34 U.S.C. 20901 information that a person described in paragraph (2) may have committed a Federal capital crime, 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 ( et seq.), but was not convicted of such crime by reason of such person not being available for trial due to death or flight to avoid prosecution.
(2)
A person described in this paragraph is a person—
(A)
whose remains have been interred in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or
(B)
whose memory has been honored in a memorial area in a cemetery in the National Cemetery Administration or in such an area in Arlington National Cemetery.
(f)
For purposes of this section:
(1)
The term “Federal capital crime” means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed.
(2)
The term “State capital crime” means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed.
(3)
The term “appropriate Federal official” means—
(A)
the Secretary, in the case of the National Cemetery Administration; and
(B)
the Secretary of the Army, in the case of Arlington National Cemetery.

Pub. L. 105–116, § 1(a)111 Stat. 2381Pub. L. 105–368, title IV, § 403(d)(1)112 Stat. 3339Pub. L. 107–330, title II, § 202116 Stat. 2824Pub. L. 109–163, div. A, title VI, § 662(a)119 Stat. 3314Pub. L. 112–260, title I, § 105(a)126 Stat. 2421Pub. L. 113–65, § 2(a)127 Stat. 669Pub. L. 114–58, title VI, § 601(14)129 Stat. 539Pub. L. 117–355, § 6(a)136 Stat. 6280(Added , , ; amended , , ; , , ; , , ; , (b), , ; , (b), , , 671; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 109–248120 Stat. 590section 101 of Pub. L. 109–248section 10101 of Title 34The Sex Offender Registration and Notification Act, referred to in subsecs. (b)(4)(A), (5)(A), (d)(2)(A)(ii), and (e)(1)(B), is title I of , , , 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 , set out as a Short Title of 2006 Act note under , and Tables.

Amendments

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

Pub. L. 117–355, § 6(a)(2)(A)(i)34 U.S.C. 2090142 U.S.C. 16901Subsec. (b)(4)(A). , substituted “( et seq.); and” for “( et seq.);”.

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

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

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

Pub. L. 117–355, § 6(a)(4)34 U.S.C. 20901Subsec. (d)(2)(A)(ii). , 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 ( et seq.),” for “or a State capital crime”.

Pub. L. 117–355, § 6(a)(5)34 U.S.C. 20901Subsec. (e)(1)(B). , 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 ( et seq.),” for “or a State capital crime”.

Pub. L. 114–582015—Subsec. (e)(1). substituted “Federal official” for “federal official” in introductory provisions.

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

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

Pub. L. 112–260, § 105(a)Subsec. (b)(4). , added par. (4).

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

Pub. L. 109–163, § 662(a)(1)(A)2006—Subsec. (b)(1). , 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”.

Pub. L. 109–163, § 662(a)(1)(B)Subsec. (b)(2). , 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”.

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

Pub. L. 109–163, § 662(a)(2)(B)Subsec. (d)(2). , 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”.

Pub. L. 107–3302002—Subsec. (a)(2). substituted “In the case of a person described in subsection (b)(1) or (b)(2), the prohibition” for “The prohibition” and “referred to in subsection (b)(1) or (b)(2), as the case may be,” for “or finding under subsection (b)”.

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Pub. L. 113–65, § 2(c)127 Stat. 671

“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 [].”
, , , provided that:

Pub. L. 112–260, title I, § 105(c)126 Stat. 2421

“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 [].”
, , , provided that:

Effective Date of 2006 Amendment

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

Effective Date

Pub. L. 105–116, § 1(c)111 Stat. 2382

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 [].”
, , , provided that:

Regulations

Pub. L. 109–163, div. A, title VI, § 662(d)(1)119 Stat. 3315

section 2411(b) of title 38“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 , United States Code, or is otherwise ineligible for such interment under Federal law.”
, , , provided that: