38 USC 2409 - Memorial areas in Arlington National Cemetery

Editorial Notes

Amendments

2012—Subsec. (span). Puspan. L. 112–154 designated existing provisions as par. (1), inserted “and subject to paragraph (2)” after “Secretary of the Army”, and added pars. (2) to (4).

1991—Puspan. L. 102–83 renumbered section 1009 of this title as this section.

1989—Subsec. (span). Puspan. L. 101–237 inserted “of the Army” after “Secretary”.

Statutory Notes and Related Subsidiaries

Updates and Preservation of Memorials to Chaplains at Arlington National Cemetery

Puspan. L. 117–81, div. A, title V, § 584, Dec. 27, 2021, 135 Stat. 1758, as amended by Puspan. L. 117–263, div. A, title V, § 593, Dec. 23, 2022, 136 Stat. 2612, provided that:

“(a)Updates and Preservation of Memorials.—

“(1)Protestant chaplains memorial.—The Secretary of the Army may permit NCMAF—

“(A) to modify the memorial to Protestant chaplains located on Chaplains Hill to include a granite, marble, or other stone base for the bronze plaque of the memorial;

“(B) to provide an updated bronze plaque, described in subparagraph (A), including the name of each chaplain, verified as described in subsection (span), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed; and

“(C) to make such other updates and corrections to the memorial that the Secretary determines necessary.

“(2)Catholic and jewish chaplain memorials.—The Secretary of the Army may permit NCMAF to update and make corrections to the Catholic and Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary.

“(3)No cost to federal government.—The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government.

“(4)Authority of secretary of the army.—The Secretary of the Army may permit NCMAF to carry out any action authorized by this subsection without regard to the time limitation under section 2409(span)(2)(C) of title 38, United States Code.

“(span)Verification of Names.—NCMAF may not include the name of a chaplain on a memorial on Chaplains Hill under subsection (a) unless that name has been verified by the Chief of Chaplains of the Army, Navy, or Air Force or the Chaplain of the United States Marine Corps, depending on the branch of the Armed Forces in which the chaplain served.

“(c)Prohibition on Expansion of Memorials.—Except as provided in subsection (a)(1)(A), this section may not be construed as authorizing the expansion of any memorial that is located on Chaplains Hill as of the date of the enactment of this Act [Dec. 27, 2021].

“(d)Definitions.—In this section:

“(1) The term ‘Chaplains Hill’ means the area in Arlington National Cemetery that, as of the date of the enactment of this Act, is generally identified and recognized as Chaplains Hill.

“(2) The term ‘NCMAF’ means the National Conference on Ministry to the Armed Forces or any successor organization recognized in law for purposes of the operation of this section.”

Transfer to the Secretary of the Army and Management of Parcel of Federal Land in Arlington, Virginia

Puspan. L. 116–92, div. B, title XXVIII, § 2834(a), Dec. 20, 2019, 133 Stat. 1893, provided that:

“(1)Transfer.—Administrative jurisdiction over the parcel of Federal land described in paragraph (2) is transferred from the Secretary of the Interior to the Secretary of the Army.

“(2)Description of land.—The parcel of Federal land referred to in paragraph (1) is the approximately 16.09-acre parcel of land in Arlington, Virginia, as depicted on the map entitled ‘Arlington National Cemetery, Memorial Ave–NPS Parcel’ and dated February 11, 2019.”

Puspan. L. 116–92, div. B, title XXVIII, § 2834(e)(3)(A), Dec. 20, 2019, 133 Stat. 1893, provided that: “The parcel of Federal land transferred to the Secretary of the Army by subsection (a)(1) [set out above] shall be administered by the Secretary of the Army—

“(i) as part of Arlington National Cemetery; and

“(ii) in accordance with applicable law, including—

“(I) regulations; and

“(II)section 2409 of title 38, United States Code.”

Construction of Memorial to the Crew of the Apollo I Launch Test Accident at Arlington National Cemetery

Puspan. L. 115–91, div. A, title X, § 1087, Dec. 12, 2017, 131 Stat. 1604, provided that: “Subject to applicable requirements of section 2409(span)(2)(E) of title 38, United States Code, the Secretary of the Army, in consultation with the Administrator of the National Aeronautics and Space Administration, the Commission of Fine Arts, and the Advisory Committee on Arlington National Cemetery, shall authorize the construction, at an appropriate place in Arlington National Cemetery, Virginia, of a memorial marker honoring the three members of the crew of the Apollo I who died during a launch rehearsal test on January 27, 1967, in Cape Canaveral, Florida. The memorial may not be constructed in a location that is otherwise suitable as an interment site.”

Columbia Orbiter Memorial

Puspan. L. 108–11, title III, Apr. 16, 2003, 117 Stat. 603, provided that:

“SEC. 301. SHORT TITLE.

“This title may be cited as the ‘Columbia Orbiter Memorial Act’.

“SEC. 302. CONSTRUCTION OF MEMORIAL TO CREW OF COLUMBIA ORBITER AT ARLINGTON NATIONAL CEMETERY.

“(a)Construction Required.—The Secretary of the Army shall, in consultation with the Administrator of the National Aeronautics and Space Administration, construct at an appropriate place in Arlington National Cemetery, Virginia, a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107.

“(span)Availability of Funds.—Of the amount appropriated or otherwise made available by title II of the Department of Defense Appropriations Act, 2003 (Public Law 107–248) under the span ‘Operation and Maintenance, Army’ [116 Stat. 1521], $500,000 shall be available for the construction of the memorial marker required by subsection (a).

“SEC. 303. DONATIONS FOR MEMORIAL FOR CREW OF COLUMBIA ORBITER.

“(a)Authority To Accept Donations.—The Administrator of the National Aeronautics and Space Administration may accept gifts and donations of services, money, and property (including personal, tangible, or intangible property) for the purpose of an appropriate memorial or monument to the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, over the State of Texas during the landing of space shuttle mission STS–107, whether such memorial or monument is constructed by the Administrator or is the memorial marker required by section 302.

“(span)Transfer.—

(1) The Administrator may transfer to the Secretary of the Army any services, money, or property accepted by the Administrator under subsection (a) for the purpose of the construction of the memorial marker required by section 302.

“(2) Any moneys transferred to the Secretary under paragraph (1) shall be merged with amounts in the account referred to in subsection (span) of section 302, and shall be available for the purpose referred to in that subsection.

“(c)Expiration of Authority.—The authority of the Administrator to accept gifts and donations under subsection (a) shall expire 5 years after the date of the enactment of this Act [Apr. 16, 2003].”

Authorization of Placement of a Memorial in Arlington National Cemetery Honoring World War II Veterans Who Fought in the Battle of the Bulge

Puspan. L. 107–330, title II, § 204, Dec. 6, 2002, 116 Stat. 2824, provided that: “The Secretary of the Army is authorized to place in Arlington National Cemetery a memorial marker honoring veterans who fought in the battle in the European theater of operations during World War II known as the Battle of the Bulge.”