2014 US Code
Title 38 - Veterans' Benefits (Sections 101 - 8528)
Part II - General Benefits (Sections 1101 - 2414)
Chapter 24 - National Cemeteries and Memorials (Sections 2400 - 2414)
Sec. 2403 - Memorial areas
Publication Title | United States Code, 2012 Edition, Supplement 2, Title 38 - VETERANS' BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS' BENEFITS PART II - GENERAL BENEFITS CHAPTER 24 - NATIONAL CEMETERIES AND MEMORIALS Sec. 2403 - Memorial areas |
Contains | section 2403 |
Date | 2014 |
Laws In Effect As Of Date | January 5, 2015 |
Positive Law | Yes |
Disposition | standard |
Source Credit | 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; Pub. L. 105-368, title IV, §§401(c), 403(c)(6), Nov. 11, 1998, 112 Stat. 3335, 3339. |
Statutes at Large References | 87 Stat. 76 95 Stat. 1034 96 Stat. 1307 103 Stat. 2077 105 Stat. 406 112 Stat. 3335 |
Public and Private Laws | Public Law 93-43, Public Law 97-66, Public Law 97-295, Public Law 101-237, Public Law 102-83, Public Law 105-368 |
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(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, §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; Pub. L. 105–368, title IV, §§401(c), 403(c)(6), Nov. 11, 1998, 112 Stat. 3335, 3339.)
REFERENCES IN TEXTFor cemeteries under the control of the National Cemetery Administration, referred to in subsec. (c), see section 2400(b) of this title.
AMENDMENTS1998—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.
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.
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