38 U.S.C. § 2409: Memorial areas in Arlington National Cemetery

who are missing in action; whose remains have not been recovered or identified; whose remains were buried at sea, whether by the member’s or veteran’s own choice or otherwise; whose remains were donated to science; or whose remains were cremated and whose ashes were scattered without interment of any portion of the ashes. Under regulations prescribed by the Secretary of the Army and subject to paragraph (2), appropriate memorials or markers may be erected in Arlington National Cemetery to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section. Except for a monument containing or marking interred remains, no monument (or similar structure, as determined by the Secretary of the Army in regulations) may be placed in Arlington National Cemetery except pursuant to the provisions of this subsection. the service in the Armed Forces of the individual, or group of individuals, whose memory is to be honored by the monument; or a particular military event. in the case of the commemoration of service under subparagraph (B)(i), on the last day of the period of service so commemorated; and in the case of the commemoration of a particular military event under subparagraph (B)(ii), on the last day of the period of the event. A monument may be placed only in those sections of Arlington National Cemetery designated by the Secretary of the Army for such placement and only on land the Secretary determines is not suitable for burial. the construction and placement of the monument are paid for only using funds from private sources; the Secretary of the Army consults with the Commission of Fine Arts and the Advisory Committee on Arlington National Cemetery before approving the design of the monument; and the sponsoring organization provides for an independent study on the availability and suitability of alternative locations for the proposed monument outside of Arlington National Cemetery. has made valuable contributions to the Armed Forces that have been ongoing and perpetual for longer than 25 years and are expected to continue on indefinitely; and has provided service that is of such a character that the failure to place a monument to the group in Arlington National Cemetery would present a manifest injustice. make available on an Internet website notification of the waiver and the rationale for the waiver; and submit to the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate and the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives written notice of the waiver and the rationale for the waiver. if Congress does not pass a joint resolution of disapproval of the placement of the monument, the date that is 60 days after the date on which notice is received under this paragraph; or the date on which either House of Congress votes and fails to override the veto of the President; or the date that is 30 session days after the date on which Congress received the veto and objections of the President. 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; to provide an updated bronze plaque that includes the name of each chaplain, verified as described in subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed and before the date of the enactment of this Act [ Dec. 18, 2025 ]; and to make such other updates and corrections to the memorial that the Secretary determines necessary. to update the Catholic chaplains memorial to include the name of each chaplain, verified under subsection (b), who died while serving on active duty in the Armed Forces after the date on which the original memorial was placed and before the date of the enactment of this Act; and to make such other updates and corrections to the memorial that the Secretary determines necessary. The Secretary of the Army shall permit NCMAF to update and make corrections to the Jewish chaplain memorials located on Chaplains Hill that the Secretary determines necessary. The activities of NCMAF authorized by this subsection shall be carried out at no cost to the Federal Government. 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 Armed Force in which the chaplain served. 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 on the date of the enactment of this Act. 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. 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.” 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. 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 .” as part of Arlington National Cemetery; and regulations; and section 2409 of title 38 , United States Code.” “This title may be cited as the ‘Columbia Orbiter Memorial Act’. 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. 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 heading ‘Operation and Maintenance, Army’ [ 116 Stat. 1521 ], $500,000 shall be available for the construction of the memorial marker required by subsection (a). 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. 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. Any moneys transferred to the Secretary under paragraph (1) shall be merged with amounts in the account referred to in subsection (b) of section 302, and shall be available for the purpose referred to in that subsection. 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 ].”