§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, 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.

(c) All national and other veterans' cemeteries in the National Cemetery System created by this chapter 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, §2(a), June 18, 1973, 87 Stat. 76 , §1003; amended Pub. L. 97–66, title VI, §603(b), Oct. 17, 1981, 95 Stat. 1034 ; Pub. L. 97–295, §4(34), Oct. 12, 1982, 96 Stat. 1307 ; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077 ; renumbered §2403, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406 .)

References in Text

For composition of National Cemetery System created by this chapter, referred to in subsec. (c), see section 2400(b) of this title.

Amendments

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 section 2306 of this title.