National Cemeteries Act
PL 93-43 (S.49), enacted 06/18/1973

87 
STAT.] 
PUBLIC LAW 93-43-JUNE 18, 1973 
75 
Public Law 93-43 
AN ACT 
June 18, 1973 
[S. 49] 
To amend title 38 of the United States Code in order to establish a National 
Cemetery System within the Veterans' Administration, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That this Act may ^ National ceme-
. 
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be cited as the 'IS ational Cemeteries Act or 1973 . 
SEC. 2. (a) Part II of title 38. United States Code, is amended by 
adding at the end thereof the following new chapter: 
"Chapter 24—NATIONAL CEMETERIES AND MEMORIALS 
72 Stat. 1117. 
38 u s e 301. 
"Sec. 
"1000. 
"1001. 
"1002. 
"1003. 
"1004. 
"1005. 
"1006. 
"1007. 
Establishment of National Cemetery System ; composition of such system; 
appointment of director. 
Advisory committee on cemeteries and memorials. 
Persons eligible for interment in national cemeteries. 
Memorial areas. 
Administration. 
Disposition of inactive cemeteries. 
Acquisition of lands. 
Authority to accept and maintain suitable memorials. 
"§1000. Establishment of National Cemetery System; composi-
tion 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 vet-
erans. To assist him in carrying out his responsibilities in administer-
ing the cemeteries within the System, the Administrator may appoint 
a Director, National Cemetery System, who shall perform such func-
tions 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' Admin-
istration 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. 
* § 1001. Advisory Committee on Cemeteries and Memorials 
"There shall be appointed by the Administrator an Advisory Com-
mittee 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 Commit-
tee shall make periodic reports and recommendations to the Adminis-
trator and to Congress. 
"§ 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 
Reports to Ad-
ministrator of 
Veterans' Al'fairs 
and Congress. 
73 Stat. 453; 
85 Stat. 348. 
38 u s e 3505. 
76 
PUBLIC LAW 93-43-JUNE 18, 1973 
[87 STAT. 
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 LTnited States. 
"(4) Any citizen of the United States who, during any war in which 
the LTnited 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. 
*'§ 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 w^ho 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, appropri-
ate 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 pro-
visions 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. 
"§ 1004. Administration 
laH^i^/ ^""^ '^^^"' 
"(a) The Administrator is authorized to make all rules and regu-
lations which are necessary or appropriate to carry out the provisions 
of this chapter, and may designate those cemeteries which are consid-
ered to be national cemeteries. 
"(b) In conjunction w^th 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 wnth 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. 
Facilities. 
Grave markers. 
Contract 
authority. 
87 STAT. ] 
PUBLIC LAW 93-43-JUNE 18, 1973 
77 
" (d) There shall be kept in each national cemetery, and at the main 
^""^^ register. 
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 informa-
tion 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 corpo-
rations 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 conveyanc'l.^"^'^^' 
political subdivision thereof, in which any national cemetery is located, 
all right, title, and interest of the United States in and to any Govern-
ment 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 Admin-
istrator 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 con-
veyed shall cease and thereafter vest in the State or political subdivision 
concerned. 
"(g) Notwithstanding any other provision of law, the Adminis- reUnq'ufshmeat. 
trator 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 relinquish-
ment 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. 
'*§ 1005. Disposition of inactive cemeteries 
"(a) The Administrator may transfer, with the consent of the 
Transfer. 
agency concerned, any inactive cemetery, 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 StateSj 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. 
78 
PUBLIC LAW 93-43-JUNE 18, 1973 
[87 STAT. 
"§ 1006. Acquisition of lands 
"As additional lands are needed for national cemeteries, they may 
be acquired by the Administrator by purchase, gift (including dona-
tions 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. 
"§ 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 ai-e 
determined to be beneficial to such cemetery. He may make land avail-
able for this purpose, and may furnish such care and maintenance as 
he deems necessary." 
(b) The table of chapters of part I I and the table of parts and 
chapters of title 38, United States Code, are each amended by inserting 
immediately below 
"23. Burial benefits 
901" 
the following: 
"24. National cemeteries and memorials 
1000". 
86stat.no. 
(c) Section 5316 of title 5, United States Code, is amended by 
striking out: 
" (131) General Counsel of the Equal Employment Opportunity 
Commission." 
and inserting in lieu thereof the following: 
"(132) General Counsel of the Equal Employment Opportu-
nity Commission. 
"(133) Director, Xational Cemetery System, Veterans' Admin-
istration." 
omm"t'da^'ions'to 
SEC. 3. (a) The Administrator shall conduct a comprehensive study 
Congress. 
and submit his recommendations to Congress within twelve months 
after the convening of the first session of the Ninety-third Congi'ess 
concerning: 
(1) criteria which govern the development and operation of 
the Xational 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 conven-
ing of the first session of the Ninety-third Congress concerning: 
(1) whether it w'ould be advisable in carrying out the purposes 
of this Act to include the Arlington National Cemetery within the 
National Cemetery System established by this Act; 
(2) the appropriateness of maintaining the present eligibility 
requirements for burial at Arlington National Cemetery; and 
87 STAT. ] 
PUBLIC LAW 93-43-JUNE 18, 1973 
79 
(3) the advisability of establishing another national cemetery 
in or near the District of Columbia. 
SEC. 4. (a) Subchapter I I of chapter 3 of title 38, United States 
H I'^'^'ilo!' 
Code, is amended by adding at the end thereof the following new 
section: 
"§ 218. Standards of conduct and arrests for crimes at hospitals, 
domiciliaries, cemeteries, and other Veterans' Adminis-
tration reservations 
"(a) For the purpose of maintaining law and order and of protect-
ing persons and property on lands (including cemeteries) and in 
buildings under the jurisdiction of the Veterans' Administration (and 
not under the control of the Administrator of General Services), the 
Administrator or any officer or employee of the Veterans' Administra-
tion duly authorized by him may— 
"(1) make all needful rules and regulations for the governing regulation"'! 
of the property under his charge and control, and annex to such 
rules and regulations such reasonable penalties within the limits 
prescribed in subsection (b) of this section as will insure their 
enforcement. Such rules and regulations shall be posted in a 
conspicuous place on such property; 
"(2) designate officers and employees of the Veterans'Adminis-
tration to act as special policemen on such property and, if the 
Administrator deems it economical and in the public interest, with 
the concurrence of the head of the agency concerned, utilize the 
facilities and services of existing Federal law-enfoi'cement agen-
cies, and, with the consent of any State or local agency, utilize the 
facilities and services of such State or local law-enforcement 
agencies; and 
"(3) empower officers or employees of the Veterans'Adminis-
tration w^ho have been duly authorized to perform investigative 
functions to act as special investigators and to carry firearms, 
whether on Federal pr-operty or in travel status. Such special 
investigators shall have, while on real property under the charge 
and control of the Veterans' Administration, the power to enforce 
Federal laws for the protection of persons and pi'operty and the 
power to enforce rules and regulations issued under subsection 
(a)(1) of this section. Any such special investigator may make 
an arrest with or without a wan-ant for any offense committed 
upon such property in his presence or if he has reasonable gi'ound 
to believe (A) the offense constitutes a felony under the laws of 
the United States, and (B) that the person to be arrested is guilty 
of that offense. 
"(b) Whoever shall violate any rule or regulation issued pursuant 
^^"^^^y-
to subsection (a) (1) of this section shall be fined not more than $50 or 
imprisoned not more than thirty days, or both." 
(b) Section 625 of title 38, United States Code, is hereby repealed, 
ya^s^at! i!i44; 
(c) (1) The table of sections at the beginning of chapter 3 of title 38, 83 stat. 34. 
United States Code, is amended by inserting immediately after— 
"217. Studies of rehabilitation of disabled persons." 
the following: 
"218. Standards of conduct and arrests for crimes at hospitals, domiciliaries, 
cemeteries, and other Veterans' Administration reservations.". 
(2) The table of sections at the beginning of chapter 17 of title 38, 
United States Code, is amended by striking out— 
"625. Arrests for crimes in hospitals and domiciliary reservations.". 
80 
PUBLIC LAW 93-43-JUNE18, 1973 
[87 STAT. 
23 u s e 901. 
72 Stat. 1170; 
75 Stat. 218. 
SEC. 5. (a) Chapter 23 of title 38, United States Code, is amended 
by— 
(1) amending section 903 to read as follows: 
"§ 903. Death in Veterans' Administration facility; plot allowance 
"(a) Where death occurs in a Veterans' Administration facility to 
which the deceased was properly admitted for hospital or domiciliary 
s/statrVole!^' 
c^'^^ under section 610 or 611 of this title, the Administrator— 
" (1) shall pay tlie actual cost (not to exceed $250) of the burial 
and funeral or, within such limits, may make contracts for such 
services without regard to the laws requiring advertisement for 
proposals for supplies and services for the Veterans' Administra-
tion ; and 
"(2) shall, when such a death occurs in a State, transport the 
body to the place of burial in the same or any other State. 
"(b) In addition to the foregoing, if such a veteran, or a veteran 
8ostlT^29^^^' 
eligible for a burial allowance under section 902 of this title, is not 
38 use 902. 
buried in a national cemetery or other cemetery under the jurisdic-
tion of the United States, the Administrator, in his discretion, having 
due regard for the circumstances in each case, may pay a sum not 
exceeding $150, as a plot or interment allowance to such person as 
he prescribes. In any case where any part of the plot or interment 
expenses have been paid or assumed by a State, any agency or political 
subdivision of a 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."; and 
(2) adding at the end of such chapter the following new sec-
tions : 
"§ 906. Headstones and markers 
"(a) The Administrator shall furnish, when requested, appropriate 
Government headstones 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 enu-
Ante, p. 75. 
merated 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 appro-
priate 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. 
"§ 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 authorized under sections 902 and 903 (a) (1) and (b) of this 
title." 
Ante, 
p. 76. 
80 Stat. 548. 
87 
STAT.] 
PUBLIC LAW 93-43-JUNE 18, 1973 
(b) The table of sections at the beginning of chapter 23 of title 38, 
United States Code, is amended— 
(1) by striking out 
"903. Death in Veterans' Administration facility." 
and inserting in lieu thereof 
"903. Death in Veterans' Administration facility; plot allowance."; 
and 
(2) by adding at the end thereof the following items: 
•'906. Headstones and markers. 
•'907. Death from service-connected disability.". 
SEC. 6. (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 (includ-
ing burial plots), memorial, or monument under the jurisdiction of 
the Secretary of the Army immediately preceding the effective date 
of this section (except the cemetery located at the United States Mili-
tary Academy at West Point) which the President determines would 
be appropriate in carrying out the purposes of this Act. 
(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 responsibility for, any cemetery 
(including burial plots), memorial, or monument under the jurisdic-
tion of either Secretary immediately preceding the effective date of 
this section (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. 
(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 Secre-
tary 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. 
(c) All offenses com.mitted and all penalties and forfeitures incur-
red 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. 
(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 ceme-
teries, memorials, and monuments transferred to the Veterans' Admin-
istration by this Act, unless contrary to the provisions of such Act, 
shall remain in full force and effect until modified, suspended, over-
ruled, or otherwise changed by the Administrator of Veterans' Affaire, 
by any court of competent jurisdiction, or by operation of law. 
(e) No suit, action, or other proceeding commenced by or against 
any officer in his oflftcial 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 sec-
tion. No cause of action by or against any such department wdth 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 enact-
Jurisdiction, 
transfer. 
Funds, transfer. 
Savings 
sions. 
22-150 O - 75 - 8 
82 
PUBLIC LAW 93-43-JUNE 18, 1973 
[87 STAT. 
ment 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 
])ending 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, 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 Vet-
erans' Affairs. 
^^p^^^^- 
SEC. 7. (a) The following provisions of law are repealed, except 
with respect to rights and duties that matured, penalties, liabilities, 
and forfeitures that were incurred, and proceedings that were begun, 
before the effective date of this section : 
(1) Sections 4870,4871, 4872, 4873,4875, 4877, 4881, and 4882 of the 
Revised Statutes (24 U.S.C. 271, 272, 273, 274, 276, 279, 286, and 287). 
(2) The Act entitled "An Act to provide for a national cemetery in 
every State", approved June 29, 1938 (24 U.S.C. 271a). 
(3) The Act entitled "An Act to provide for selection of superintend-
ents of national cemeteries from meritorious and trustworthy members 
of the Armed Forces who have been disabled in line of duty for active 
field service", approved March 24,1948, as amended (24 U.S.C. 275). 
(4) The proviso to the second paragraph preceding the center head-
ing "MEDICAL DEPARTMENT" in the Act entitled "An Act making appro-
priations for the support of the Army for the fiscal year ending June 
thirtieth, eighteen hundred and seventy-seven, and for other purposes", 
approved July 24,1876, as amended (24 U.S.C. 278). 
(5) The Act entitled "An Act to provide for the procurement and 
supply of Government headstones or markers for unmarked graves of 
members of the Armed Forces dying in the service on or after honor-
able discharge therefrom, and other persons, and for other purposes", 
approved July 1,1948, as amended (24 U.S.C. 279a-279c). 
(6) The Act entitled "An Act to establish eligibility for burial in 
national cemeteries, and for other purposes", approved May 14,1948, as 
amended (24 U.S.C. 281). 
(7) The Act entitled "An Act to provide for the erection of appro-
priate markers in national cemetei-ies to honor the memory of membeis 
of the Armed Forces missing in action", approved August 27, 1954, 
ro'itat! 489'°' 
as amended (24 U.S.C. 279d). 
(8) The Act entitled "An Act to provide for the utilization of 
surplus War Department owned military real property as national 
cemeteries, when feasible", approved August 4, 1947 (24 U.S.C. 281a-
281c). 
(9) The Act entitled "An Act to preserve historic graveyards in 
abandoned military posts", approved July 1, 1947 (24 U.S.C. 296). 
(10) The Act entitled "An Act to provide for the utilization as a 
national cemetery of surplus Army Department owned military real 
property at Fort Logan, Colorado", approved March 10, 1950 (24 
U.S.C. 281d-f). 
(11) The Act entitled "An Act to provide for the expansion and 
disposition of certain national cemeteries", approved August 10, 1950 
64 Stat. 434. 
(24 U.S.C. 281g) . 
(12) The ninth paragraph following the side heading "National 
Cemeteries" in the Act entitled "An Act making appropriations for 
sundry civil expenses of the Government for the fiscal year ending 
June thirtieth, nineteen hundred and thirteen, and for other pur-
37 Stat. 440. 
poscs", appTovcd August 24,1912 (24 U.S.C. 282). 
(13) The fourth paragraph after the center heading "NATIONAL 
CEMETERIES" in title I I of the Act entitled "An Act making appropri-
52 Stat. 1233. 
62 Stat. 84; 
75 Stat, 411, 
19 Stat. 99. 
62 Stat, 1215 
84 Stat. 836, 
73 Stat. 547. 
61 Stat, 742. 
61 Stat. 234, 
64 Stat. 12, 
43 Stat, 926. 
55 Stat. 191, 
87 STAT. ] 
PUBLIC LAW 93-43-JUNE 18, 1973 
83 
ations for the military and nonmilitary activities of the War Depart- 
Repeals. 
ment for the fiscal year ending June 30,1926, and for other purposes'', 
approved February 12,1925 (24 U.S.C 288). 
(14) The second paragraph following the center heading ''CEME-
TERiAL EXPENSES'' in the Act entitled "An Act making appropriations 
for the fiscal year ending June 30, 1942, for civil functions admin-
istered by the Wai' Department, and for other purposes", approved 
May 23, 1941 (24 U.S.C. 289). 
(15) The first proviso to the second paragraph and all of the third 
paragraph following the center heading "NATIONAL GEMETP:RIES" in 
title II of the Act entitled "An Act making appropriations for the 
military and nonmilitary activities of the War Department for the 
fiscal year ending June 30, 1927, and for other purposes", approved 
April 15,1926 (44 Stat. 287). 
no'te.''288.''° 
(16) The first proviso to the second paragraph and all of the third 
paragi'aph following the center heading "NATIONAL CEMETERIES" in 
title II of the Act entitled "An Act making appropriations for the 
military and nonmilitary activities of the War Department for the 
fiscal year ending June 30, 1928, and for other purposes", approved 
February 23,1927 (44 Stat. 1138). 
(17) The first proviso of the fourth paragraph and all of the fifth 
paragi'aph following the center heading "NATIONAL CEMETERIES" in 
title II of the Act entitled "An Act making appropriations for the 
military and nonmilitary activities of the War Department for the 
fiscal year ending June 30, 1929, and for other purposes", approved 
March 23,1928 (45 Stat. 354). 
(18) The first proviso to the second paragraph and all of the third 
paragraph following the center heading "NATIONAL CEMETERIES" in 
title II of the Act entitled "An Act making appropriations for the 
military and nonmilitary activities of the War Department for the 
fiscal year ending June 30, 1930, and for other purposes", approved 
February 28,1929 (45 Stat. 1375). 
(19) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in title II of the Act entitled 
"An Act making appropriations for the military and nonmilitary 
activities of the War Department for the fiscal year ending June 30, 
1931, and for other purposes", approved May 28, 1930 (46 Stat. 458). 
(20) The first proviso to the paragraph immediately following the 
(tenter lieading "CEMETERIAL EXPENSES" in title II of the Act entitled 
"An Act making appropriations for the military and nonmilitary 
activities of the War Department for the fiscal year ending June 30, 
1932, and for other purposes", approved February 23, 1931 (46 Stat. 
1302). 
(21) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in title II of the Act entitled 
"An Act making appropriations for the military and nonmilitary 
activities of the War Department for the fiscal year ending June 30, 
1933, and for other purposes", approved July 14, 1932 (47 Stat. 689). 
(22) The first pix)viso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in title I I of the Act entitled 
"An Act making appropriations for the military and nonmilitary 
activities of the War Department for the fiscal year ending June 30, 
1934, and for other purposes", approved March 4,1933 (47 Stat. 1595). 
(23) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in title II of the Act entitled 
"An Act making appropriations for the military and nonmilitary 
activities of the War Department for the fiscal year ending June 30, 
1935, and for other purposes", approved April 26,1934 (48 Stat. 639). 
(24) The first proviso to the paragraph immediately following the 
84 
PUBLIC LAW 93-43-JUNE 18, 1973 
[87 STAT. 
Repeals. 
center heading "CEMETERIAL EXPENSES" in title I I of the Act entitled 
"An Act making appropriations for t^e military and nonmilitary 
activities of the War Department for t}\e fiscal year ending June 30, 
no^te "Is ^^° 
1^^^' *^d ^^^ ^^^^^ purposes", approved April 9,1935 (49 Stat. 145). 
"° *' 
* 
(25) The first proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in title I I of the Act 
entitled "An Act making appropriations for the military and non-
military activities of the War Department for the fiscal year ending 
June 30, 1937, and for other purposes", approved May 15, 1936 (49 
Stat. 1305). 
(26) The first proviso to the paragraph following the center head-
ing "CEMETERIAL EXPENSES" in the Act entitled "An Act making appro-
priations for the fiscal year ending June 30, 1938, for civil functions 
administered by the War Department, and for other purposes", 
approved July 19,1937 (50 Stat. 515). 
(27) The first proviso to the first paragraph and all of the second 
paragraph following the center heading "CEMETERIAL EXPENSES" in 
the Act entitled "An Act making appropriations for the fiscal vear 
ending June 30, 1939, for civil functions administered by the War 
Department and for other purposes", approved June 11, 1938 (52 
Stat. 668). 
(28) The first proviso to the first paragraph and all of the second 
paragraph following the center heading "CEMETERIAL EXPENSES" in the 
Act entitled "An Act making appropriations for the fiscal year ending 
June 30, 1940, for civil functions administered by the War Depart-
ment, and for other purposes", approved June 28,1939 (53 Stat. 857). 
(29) The first proviso to the first paragraph and all of the second 
paragraph immediately following the center heading "CEMETERIAL 
EXPENSES" in the Act entitled "An Act making appropriations for the 
fiscal year ending June 30, 1941, for civil functions administered by 
the War Department, and for other purposes", approved June 24, 
1940 (54 Stat. 505). 
(30) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for the fiscal year ending June 30, 1942, for 
civil functions administered by the War Department, and for other 
purposes", approved May 23, 1941 (55 Stat. 191). 
(31) The first proviso to the paragraph immediately f ' >vving 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for the fiscal year ending June 30, 1943, 
for civil functions administered by the War Department, and for 
other purposes", approved April 28, 1942 (56 Stat. 220). 
(32) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for the fiscal year ending June 30, 1944, for 
civil functions administered by the War Department, and for other 
purposes", approved June 2,1943 (57 Stat. 94). 
(33) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for the fiscal year ending June 30, 1945, for 
civil functions administered by the War Department, and for other 
jmrposes", approved June 26, 1944 (58 Stat. 327-328). 
(34) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for the fiscal year ending June 30, 1946, for 
civil functions administered by the War Department, and for other 
purposes", approved March 31,1945 (59 Stat. 39). 
(35) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
Ante, p. 83. 
24 use 290 
note, 289. 
87 STAT. ] 
PUBLIC LAW 93-43-JUNE 18, 1973 
85 
making appropriations for the fiscal year ending June 30, 1947, for 
Repeals. 
civil functions administered by the War Department, and for other 
purposes", approved May 2,1946 (60 Stat. 161). 
(36) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the War 
Department for the fiscal year ending June 30, 1948, and for other 
purposes", approved July 31,1947 (61 Stat. 687). 
(37) The first proviso to the paragraph immediately following the 
center heading "CEMEI'ERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the Depart-
ment of the Army for the fiscal year ending June 30, 1949, and for 
other purposes", approved June 25,1948 (62 Stat. 1019). 
(38) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the Depart-
ment of the Army for the fiscal year ending June 30, 1950, and for 
other purposes", approved October 13, 1949 (63 Stat. 846). 
(39) The first proviso to the paragraph following the center heading 
"CEMETERIAL EXPENSES" in chapter I X of the Act entitled "An Act 
making appropriations for the support of the Government for the 
fiscal year ending June 30, 1951, and for other purposes", approved 
September 6,1950 (64 Stat. 725). 
(40) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An iVct 
making appropriations for civil functions administered by the Depart-
ment of the Army for the fiscal year ending June 30, 1952, and for 
other purposes", approved October 24, 1951 (65 Stat. 617). 
(41) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the Depart-
ment of the Army for the fiscal year ending June 30,1953, and for other 
purposes", approved July 11,1952 (66 Stat. 579). 
(42) The first proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the Depart-
ment of the Army for the fiscal year ending June 30, 1954, and for 
other purposes", approved July 27, 1953 (24 U.S.C. 290). 
^^ stat. 197. 
(43) The first proviso to the third paragraph following the center 
heading "NATIONAL CEMETERIES" in title II of the Act entitled "An 
Act making appropriations for the military and nonmilitary activities 
of the War Department for the fiscal year ending June 30, 1926, and 
for other purposes", approved February 12, 1925 (43 Stat. 926). 
(44) The first and second provisos to the paragraph immediately 
following the center heading "CEMETERIAL EXPENSES" in the Act 
entitled "An Act making appropriations for civil functions admin-
istered by the Department of the Army for the fiscal year ending 
June 30, 1955, and for other purposes", approved June 30, 1954 (68 
Stat. 331). 
(45) The first and second provisos to the paragraph immediately fol-
lowing the center heading "CEMETERIAL EXPENSES" in the Act entitled 
"An Act making appropriations for the Atomic Energy Commission, 
the Tennessee Valley Authority, certain agencies of the Department of 
the Interior, and civil functions administered by the Department of 
the Army, for the fiscal year ending June 30, 1956, and for other nnr-
poses"; approved July 15,1955 (69 Stat. 360). 
(46) The first and second provisos to the paragraph immediately fol-
lowing the center heading "CEMETERIAL EXPENSES" in the Act entitled 
"An Act making appropriations for the Tennessee Valley Authority, 
86 
PUBLIC LAW 93-43-JUNE 18, 1973 
[87 STAT. 
certain agencies of the Department of the Interior, and civil functions 
administered by the Department of the Arniy, for the fiscal year ending 
June 30,1957, and for other purposes", approved July 2,1956 (70 Stat. 
474). 
Repeals. 
(47) 'j'j^g third proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for civil functions administered by the Depart-
ment of the Army and certain agencies of the Department of the 
Interior, for the fiscal year ending June 30, 1958, and for other 
purposes", approved August 26, 1957 (71 Stat. 416). 
(48) The third proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for civil functions administered by the 
Department of the Army, certain agencies of the Department of the 
Interior, and the Tennessee Valley Authority, for the fiscal year 
ending June 30, 1959, and for other purposes", approved September 2, 
1958 (72 Stat. 1572). 
(49) The third proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for civil functions administered by the 
Department of the Army, certain agencies of the Department of the 
Interior, and the Tennessee Valley Authority, for the fiscal year end-
ing June 30, 1960, and for other purposes", approved September 10, 
1959 (73 Stat. 492). 
(50) The third proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for certain civil functions administered 
by the Department of Defense, certain agencies of the Department 
of the Interior, the Atomic Energy Commission, the Saint Lawrence 
Seaway Development Corporation, the Tennessee Valley Authority, 
and certain river basin commissions for the fiscal year ending June 30, 
1963, and for other purposes", approved October 24, 1962 (76 Stat. 
1216). 
(51) The third proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for certain civil functions administered by the 
Department of Defense, certain agencies of the Department of the 
Interior, the Atomic Energy Commission, the Saint Lawrence Seaway 
Development Corporation, the Tennessee Valley Authority, and cer-
tain river basin commissions for the fiscal year ending June 30, 1964, 
and for other purposes", approved December 31, 1963 (77 Stat. 844). 
(52) The third proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for certain civil functions administered by the 
Department of Defense, the Panama Canal, certain agencies of the 
Department of the Interior, the Atomic Energy Commission, the Saint 
La,wrence Seaway Development Corporation, the Tennessee Valley 
Authority and the Delaware River Basin Commission, for the fiscal 
year ending June 30, 1965, and for other purposes", approved 
August 30,1964 (78 Stat. 682). 
(53) The third proviso to the paragraph immediately following the 
center heading "CEMETERIAL EXPENSES" in the Act entitled "An Act 
making appropriations for certain civil functions administered by the 
Department of Defense, the Panama Canal, certain agencies of the 
Department of the Interior, the Atomic Energy Commission, the Saint 
Lawrence Seaway Development Corporation, the Tennessee Valley 
Authority and the Delaware River Basin Commission, and the Inter-
oceanic Canal Commission, for the fiscal year ending June 30, 1966, 
and for other purposes", approved October 28, 1965 (79 Stat. 1096). 
87 STAT.] 
PUBLIC LAW 93-43-JUNE 18, 1973 
87 
(54) The third proviso to the paragraph immediately following 
Repeals, 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for certain civil functions administered 
by the Department of Defense, the Panama Canal, certain agencies 
of the Department of the Interior, the Atomic Energy Commission, 
the Atlantic-Pacific Interoceanic Canal Study Commission, the Dela-
ware River Basin Commission, the Saint Lawrence Seaway Develop-
ment Corporation, the Tennessee Valley Authority, and the Water 
Resources Council, for the fiscal year ending June 30, 1967, and for 
other purposes", approved October 15, 1966 (80 Stat. 1002). 
(55) The third proviso to the paragraph im.mediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for certain civil functions administered 
by the Department of Defense, the Panama Canal, certain agencies 
of the Department of the Interior, the Atomic Energy Commission, 
the Atlantic-Pacific Interoceanic Canal Study Commission, the Dela-
ware River Basin Commission, Interstate Commission on the Potomac 
River Basin, the Tennessee Valley Authority, and the Water Resources 
Council, for the fiscal year ending June 30, 1968, and for other pur-
poses", approved November 20,1967 (81 Stat. 471). 
(56) The third proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for certain civil functions administered 
by the Department of Defense, the Panama Canal, certain agencies of 
the Department of the Interior, the Atlantic-Pacific Interoceanic 
Canal Study Commission, the Delaware River Basin Commission, 
Interstate Commission on the Potomac River Basin, the Tennessee 
Valley Authority, the Water Resources Council, and the Atomic 
Energy Commission, for the fiscal year ending June 30, 1969, and for 
other purposes", approved August 12,1968 (82 Stat. 705). 
(57) The third proviso to the paragraph immediately following 
the center heading "CEMETERIAL EXPENSES" in the Act entitled "An 
Act making appropriations for public works for water, pollution con-
trol, and power development, including the Corps of Engineers—Civil, 
the Panama Canal, the Federal Water Pollution Control Administra-
tion, the Bureau of Reclamation, power agencies of the Depaiiment of 
the Interior, the Tennessee Valley Authority, the Atomic Energy Com-
mission, and related independent agencies and commissions for the 
fiscal year ending June 30, 1970, and for other purposes", approved 
December 11,1969 (83 Stat. 327). 
(58) The first proviso to the paragraph following the center heading 
"CEMETERIAL EXPENSES" in the Act entitled "An Act making appropria-
tions for public works for water, pollution control, and power develop-
ment, including the Corps of Engineers—Civil, the Panama Canal, 
the Federal Water Quality Administration, the Bureau of Reclama-
tion, power agencies of the Department of the Interior, the Tennessee 
Valley Authority, the Atomic Energy Commission, and related 
independent agencies and commissions for the fiscal year ending 
June 30, 1971, and for other purposes", approved October 7, 1970 (84 
Stat. 893). 
(59) The first proviso to the paragraph following the center heading 
"CEMETERIAL EXPENSES" in the Act entitled "An Act making appropri-
ations for public works for water and power development, including 
the Corps of Engineers—Civil, the Bureau of Reclamation, the Bonne-
ville Power Administration and other power agencies of the Depart-
ment of the Interior, the Appalachian Regional Commission, the 
Federal Power Commission, the Tennessee Valley Authority, the 
Atomic Energy Commission, and related independent agencies and 
commissions for the fiscal year ending June 30, 1972, and for other 
purposes", approved October 5,1971 (85 Stat. 368). 
88 
PUBLIC LAW 93-44-JUNE 18, 1973 
[87 STAT. 
Repeals. 
Ante, 
p. 82. 
73 Stat. 453. 
Appropriation. 
Effective dates. 
Publication in 
Federal Register. 
(60) The Act entitled "An Act to revise eligibility requirements for 
burial in national cemeteries, and for other purposes", approved Sep-
tember 14,1959 (73 Stat, 547). 
(61) The Act entitled "An Act to amend the Act of March 24,1948, 
which establishes special requirements governing the selection of 
superintendents of national cemeteries", approved August 30, 1961 
(75 Stat. 411). 
(b) Nothing in this section shall be deemed to affect in any manner 
the functions, powers, and duties of— 
(1) the Secretary of the Interior with respect to those ceme-
teries, memorials, or monuments under his jurisdiction on the 
effective date of this section, or 
(2) the Secretary of the Army, the Secretary of the Navy, or 
the Secretary of the Air Force with respect to those cemeteries, 
memorials, or monuments under his jurisdiction to which the 
transfer provisions of section 6(a) of this Act do not apply. 
SEC. 8. The first sentence of section 3505 (a) of title 38, United States 
Code, is amended by inserting immediately after the words "gratuitous 
benefits" where first appearing therein, the following: "(including the 
right to burial in a national cemetery)". 
SEC. 9. (a) The Secretary of Defense is authorized and directed to 
cause to be brought to the United States the remains of an American, 
who was a member of the Armed Forces of the United States, who 
served in Southeast Asia who lost his life during the Vietnam era, and 
whose identity has not been established, for burial in the Memorial 
Amphitheater of the National Cemetery at Arlington, Virginia. 
(b) The implementation of this section shall take place after the 
United States has concluded its participation in hostilities in South-
east Asia, as determined by the President or the Congress of the 
L'nited States. 
(c) There are authorized to be appropriated such sums as may be 
necessary to carry out the provisions of this section. 
SEC. 10. (a) The first section and sections 2, 3, 4, and 8 of this Act 
shall take effect on the date of enactment of this Act. 
(b) Clause (1) of section 5(a) shall take effect on the first day of 
the second calendar month following the date of enactment of this 
Act. 
(c) Clause (2) of section 5(a) and sections 6 and 7 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. 
Approved June 18, 1973. 
June 18, 1973 
[S. 38] 
Public Law 93-44 
AN ACT 
To amend the Airport and Airway Development Act of 1970, as amended, to 
increase the United States share of allowable project costs under such Act, to 
amend the Federal Aviation Act of 1958, as amended, to prohibit certain State 
taxation of persons in air commerce, and for other purposes. 
Airport De-
velopment Ac-
celeration Act of 
1973. 
84 Stat. 220. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Airport Development Acceleration Act of 1973". 
SEC. 2. Section 11(2) of the Airport and Airway Development Act 
of 1970 (49 U.S.C. 1711) is amended by inserting immediately after 
"Federal Aviation Act of 1958," the following: "and security equip-
ment required of the sponsor by the Secretary by rule or regulation