38 U.S.C. § 2403 — Memorial areas

(a) When suitable areas are available, the Secretary must set aside areas in national cemeteries to honor 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 choice or for another reason; (4) whose remains were donated to science; or (5) whose remains were cremated and whose ashes were scattered without burying any part of the ashes. (b) Under rules made by the Secretary, group memorials may be placed to honor groups of the people described in subsection (a). Appropriate memorial headstones and markers may be placed to honor individuals described in subsection (a) and section 2306(b) of this title. (c) All national cemeteries and other veterans’ cemeteries controlled by the National Cemetery Administration are considered national shrines as a tribute to those who died. Despite any other law, the Secretary may allow appropriate officials to fly the United States flag at those cemeteries 24 hours a day. (d)(1) Subject to standards established by the Secretary, the Secretary must permit the display of a Fallen Soldier Display in any national cemetery. (2) In this subsection, “Fallen Soldier Display” means a memorial monument honoring fallen members of the Armed Forces. It may include a replica of an inverted rifle, boots, helmets, and an identification tag. This section does not define the terms “national cemetery,” “Armed Forces,” “veteran,” “group memorial,” “memorial headstone,” “marker,” “national shrine,” or “appropriate officials.”