§ 2403. — Memorial areas.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2403]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 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) 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.
(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 76, Sec. 1003;
amended Pub. L. 97-66, title VI, Sec. 603(b), Oct. 17, 1981, 95 Stat.
1034; Pub. L. 97-295, Sec. 4(34), Oct. 12, 1982, 96 Stat. 1307; Pub. L.
101-237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077;
renumbered Sec. 2403, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat.
406; Pub. L. 105-368, title IV, Secs. 401(c), 403(c)(6), Nov. 11, 1998,
112 Stat. 3335, 3339.)
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
1998--Subsec. (b). Pub. L. 105-368, Sec. 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, Sec. 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.
Effective Date of 1981 Amendment
Amendment 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.
Section Referred to in Other Sections
This section is referred to in sections 2306, 2411 of this title.
