§2403 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary must set aside, when space is available, special areas in national cemeteries to honor service members and veterans who are missing, whose remains were not recovered or identified, buried at sea, donated to science, or cremated with ashes scattered. The Secretary may allow group memorials and place suitable headstones or markers for these people under rules the Secretary sets. All national and other veterans’ cemeteries run by the National Cemetery Administration are treated as national shrines, and the Secretary may allow the U.S. flag to fly there 24 hours a day. The Secretary must also allow a Fallen Soldier Display under standards the Secretary sets; that display can include a replica of an upside-down rifle, boots, helmets, and an identification tag.

Title 38, §2403

Veterans' Benefits — Source: USLM XML via OLRC

(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)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 section 2306(b) of this title.

(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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

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

Amendments

2020—Subsec. (d). Pub. L. 116–106 added subsec. (d). 1998—Subsec. (b). Pub. L. 105–368, § 401(c), 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.” Subsec. (c). Pub. L. 105–368, § 403(c)(6), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System created by this chapter”. 1991—Pub. L. 102–83 renumbered section 1003 of this title as this section. 1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing. 1982—Subsec. (c). Pub. L. 97–295 substituted “chapter” for “Act” after “created by this”. 1981—Subsec. (a). Pub. L. 97–66 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 AmendmentAmendment by Pub. L. 97–66 applicable with respect to veterans dying before, on, or after Oct. 17, 1981, see section 701(b)(6) of Pub. L. 97–66, set out as a note under section 1114 of this title.

§2403 Memorial Areas