38 U.S.C. § 2403 | Memorial areas

(a)

The Secretary shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces and veterans—

(1)

who are missing in action;

(2)

whose remains have not been recovered or identified;

(3)

whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise;

(4)

whose remains were donated to science; or

(5)

whose remains were cremated and the ashes scattered without interment of any portion of the ashes.

(b)

section 2306(b) of this title Under regulations prescribed by the Secretary, group memorials may be placed to honor the memory of groups of individuals referred to in subsection (a), and appropriate memorial headstones and markers may be placed to honor the memory of individuals referred to in subsection (a) and .

(c)

All national and other veterans’ cemeteries under the control of the National Cemetery Administration shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Secretary 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.

(d)

(1)

Subject to standards established by the Secretary, the Secretary shall permit the display of a Fallen Soldier Display in any national cemetery.

(2)

In this subsection, the term “Fallen Soldier Display” means a memorial monument in honor of fallen members of the Armed Forces that may include a replica of an inverted rifle, boots, helmets, and identification tag.

Pub. L. 93–43, § 2(a)June 18, 197387 Stat. 76 Pub. L. 97–66, title VI, § 603(b)Oct. 17, 198195 Stat. 1034 Pub. L. 97–295, § 4(34)Oct. 12, 198296 Stat. 1307 Pub. L. 101–237, title III, § 313(b)(1)Dec. 18, 1989103 Stat. 2077 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406 Pub. L. 105–368, title IVNov. 11, 1998112 Stat. 3335 Pub. L. 116–106, § 2Jan. 7, 2020133 Stat. 3291(Added , , , § 1003; amended , , ; , , ; , , ; renumbered § 2403, , , ; , §§ 401(c), 403(c)(6), , , 3339; , , .)

Editorial Notes

References in Text

section 2400(b) of this titleFor cemeteries under the control of the National Cemetery Administration, referred to in subsec. (c), see .

Amendments

Pub. L. 116–1062020—Subsec. (d). added subsec. (d).

Pub. L. 105–368, § 401(c)1998—Subsec. (b). , amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Under regulations prescribed by the Secretary, 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.”

Pub. L. 105–368, § 403(c)(6)Subsec. (c). , substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System created by this chapter”.

Pub. L. 102–83 section 1003 of this title1991— renumbered as this section.

Pub. L. 101–2371989— substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 97–2951982—Subsec. (c). substituted “chapter” for “Act” after “created by this”.

Pub. L. 97–661981—Subsec. (a). substituted provisions relating to members of the Armed Forces and veterans, for provisions that related only to members of the Armed Forces, struck out provisions limiting the subsection to persons who died or were killed while serving in the Armed Forces, and inserted provisions relating to persons whose remains have not been recovered, whose remains were donated to science, or whose remains were cremated and the ashes scattered without interment of any portion of the ashes.

Statutory Notes and Related Subsidiaries

Effective Date of 1981 Amendment

Pub. L. 97–66Oct. 17, 1981section 701(b)(6) of Pub. L. 97–66 section 1114 of this titleAmendment by applicable with respect to veterans dying before, on, or after , see , set out as a note under .