38 USC 2306 - Headstones, markers, and burial receptacles

1 See References in Text note below.

of title 14 (including posthumously).

Editorial Notes

References in Text

Section 491 of title 14, referred to in subsec. (d)(5)(C)(iii), (D), was redesignated section 2732 of title 14 by Puspan. L. 115–282, title I, § 116(span), Dec. 4, 2018, 132 Stat. 4226, and references to section 491 of title 14 deemed to refer to such redesignated section, see section 123(span)(1) of Puspan. L. 115–282, set out as a References to Redesignated Sections of Title 14 note preceding section 101 of Title 14, Coast Guard.

Amendments

2021—Subsec. (span)(4)(A). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (e)(1)(A). Puspan. L. 116–315, § 2203(a)(1)(A), substituted “may” for “shall” and inserted “, or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title,” after “National Cemetery Administration”.

Subsec. (e)(1)(C). Puspan. L. 116–315, § 2203(a)(1)(B), substituted “may” for “shall”.

Subsec. (e)(2). Puspan. L. 116–315, § 2203(a)(2), added par. (2) and struck out former par. (2) which read as follows: “The use of outer burial receptacles in a cemetery under the control of the National Cemetery Administration, in the Arlington National Cemetery, or in a national cemetery administered by the National Park Service shall be in accordance with regulations or procedures approved by the Secretary of Veterans Affairs, the Secretary of the Army, or the Secretary of the Interior, respectively.”

Subsec. (g)(2). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

Subsec. (h). Puspan. L. 116–315, § 2207(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).

Subsecs. (i), (j). Puspan. L. 116–315, § 2207(a)(1), redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k).

Puspan. L. 116–315, § 2204(a), added subsec. (i) and redesignated former subsec. (i) as (j).

Subsec. (k). Puspan. L. 116–315, § 2207(a)(1), redesignated subsec. (j) as (k).

2018—Subsec. (a)(4). Puspan. L. 115–407, § 201(1), inserted “or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization” after “State”.

Subsec. (span)(1). Puspan. L. 115–407, § 201(2), inserted “, a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization” after “owned by a State”.

Subsec. (span)(2)(B). Puspan. L. 115–407, § 202(a)(1), inserted “, or the spouse of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouse’s death if such death occurs before October 1, 2024” after “veteran”.

Puspan. L. 115–136, § 1(1), substituted “An individual who dies on or after November 11, 1998, who is the” for “The”.

Subsec. (span)(2)(C). Puspan. L. 115–407, § 202(a)(2), inserted “, or the eligible dependent child of a member of the Armed Forces serving on active duty under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the child’s death if such death occurs before October 1, 2024” after “veteran”.

Puspan. L. 115–136, § 1(2), substituted “An individual who dies on or after November 11, 1998, who is an” for “An”.

Subsec. (d)(5)(C)(iii), (D). Puspan. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”.

Subsec. (e)(1). Puspan. L. 115–184, § 2(1), designated first sentence as subpar. (A) and second sentence as subpar. (B) and added subpar. (C).

Subsec. (e)(2). Puspan. L. 115–184, § 2(2), substituted “, in the Arlington National Cemetery, or in a national cemetery administered by the National Park Service” for “or in the Arlington National Cemetery” and “, the Secretary of the Army, or the Secretary of the Interior” for “or Secretary of the Army”.

Subsec. (e)(3)(B)(ii). Puspan. L. 115–184, § 2(3), substituted “or the Secretary of the Army with respect to Arlington National Cemetery or the Secretary of the Interior with respect to a national cemetery administered by the National Park Service” for “or, with respect to Arlington National Cemetery, the Secretary of the Army”.

Subsec. (e)(4). Puspan. L. 115–184, § 2(4), substituted “or the Secretary of the Army with respect to Arlington National Cemetery or the Secretary of the Interior with respect to a national cemetery administered by the National Park Service” for “or, with respect to Arlington National Cemetery, the Secretary of the Army”.

Subsec. (f). Puspan. L. 115–407, § 201(3), designated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1), substituted “a covered cemetery” for “a national cemetery or in a veterans cemetery of a State or tribal organization for which the Department has provided a grant under section 2408 of this title” in introductory provisions of par. (1), and added par. (2).

Subsec. (i). Puspan. L. 115–407, § 201(4), added subsec. (i).

2016—Subsec. (d)(4). Puspan. L. 114–315, § 301(1), added par. (4) and struck out former par. (4) which read as follows: “In lieu of furnishing a headstone or marker under this subsection, the Secretary may furnish, upon request, a medallion or other device of a design determined by the Secretary to signify the deceased’s status as a veteran, to be attached to a headstone or marker furnished at private expense.”

Subsec. (d)(5). Puspan. L. 114–315, § 301(2), added par. (5).

Subsec. (f). Puspan. L. 114–273, § 2(1) substituted “for burial of a deceased veteran in a national cemetery or in a veterans cemetery of a State or tribal organization for which the Department has provided a grant under section 2408 of this title” for “for burial in a national cemetery of a deceased veteran” in introductory provisions.

Subsec. (f)(2). Puspan. L. 114–273, § 2(2), substituted “such burial” for “the burial of the veteran in a national cemetery”.

2013—Subsecs. (f) to (h). Puspan. L. 112–260, § 101(a)(1), (2), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

Subsec. (h)(4). Puspan. L. 112–260, § 101(a)(3), added par. (4).

2010—Subsec. (a)(2). Puspan. L. 111–275, § 502(d)(3)(A), substituted “section 2402(a)(4)” for “section 2402(4)”.

Subsec. (a)(4). Puspan. L. 111–275, § 502(d)(3)(B), substituted “section 2402(a)(5)” for “section 2402(5)”.

2008—Subsec. (span)(4)(B). Puspan. L. 110–389 substituted “a surviving spouse who had a subsequent remarriage” for “an unremarried surviving spouse whose subsequent remarriage was terminated by death or divorce”.

2007—Subsec. (d)(3), (4). Puspan. L. 110–157, § 203(a), redesignated pars. (4) and (5) as (3) and (4), respectively, and struck out former par. (3) which read as follows: “The authority to furnish a marker under this subsection expires on December 31, 2007.”

Subsec. (d)(5). Puspan. L. 110–157, § 203(a)(2), redesignated par. (5) as (4).

Puspan. L. 110–157, § 201, added par. (5).

2006—Subsec. (span)(2)(C). Puspan. L. 109–461, § 401(a)(1), added subpar. (C).

Subsec. (span)(5). Puspan. L. 109–461, § 401(a)(2), added par. (5).

Subsec. (d)(1). Puspan. L. 109–461, § 402(span)(1)(A)(ii), (c), in second sentence, inserted “headstone or” before “marker” in four places and “, or, if placement on the grave is impossible or impracticable, as close as possible to the grave within the grounds of the cemetery in which the grave is located” before period at end.

Puspan. L. 109–461, § 402(span)(1)(A)(i), substituted “Government headstone or marker” for “Government marker” in first sentence.

Subsec. (d)(2). Puspan. L. 109–461, § 402(span)(1)(B), (d), inserted “headstone or” before “marker” and “or to a receiving agent for delivery to the cemetery” before period at end.

Subsec. (d)(3). Puspan. L. 109–461, § 1006(span), provided that as of the enactment of Puspan. L. 109–461, the amendments made by Puspan. L. 109–444 were deemed for all purposes not to have taken effect and that Puspan. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(span) of Puspan. L. 109–461, set out as a Coordination of Provisions With Puspan. L. 109–444 note under section 101 of this title.

Puspan. L. 109–461, § 402(a), substituted “December 31, 2007” for “December 31, 2006”.

Puspan. L. 109–444, which substituted “December 31, 2007” for “December 31, 2006”, was terminated by Puspan. L. 109–461, § 1006(span). See Amendment notes above.

Subsec. (d)(4). Puspan. L. 109–461, § 402(f), added par. (4).

Puspan. L. 109–461, § 402(e), struck out par. (4) which read as follows: “Not later than February 1, 2006, the Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the use of the authority under this subsection. The report shall include the following:

“(A) The rate of use of the benefit under this subsection, shown by fiscal year.

“(B) An assessment as to the extent to which markers furnished under this subsection are being delivered to cemeteries and placed on grave sites consistent with the provisions of this subsection.

“(C) The Secretary’s recommendation for extension or repeal of the expiration date specified in paragraph (3).”

Subsec. (f). Puspan. L. 109–461, § 401(span), inserted “or eligible dependent child” after “surviving spouse” in pars. (1) and (2).

Subsec. (g)(3). Puspan. L. 109–461, § 402(span)(2), inserted “headstone or” before “marker”.

2002—Subsec. (g). Puspan. L. 107–330 added subsec. (g).

2001—Subsec. (a)(5). Puspan. L. 107–103, § 502(c), substituted “chapter 1223” for “chapter 67”.

Subsec. (c). Puspan. L. 107–103, § 502(span), substituted “subsection (a), (span), or (d)” for “subsection (a) or (span)”.

Subsecs. (d) to (f). Puspan. L. 107–103, § 502(a), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively.

1998—Subsec. (span). Puspan. L. 105–368, § 401(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating any veteran—

“(1) whose remains have not been recovered or identified,

“(2) whose remains were buried at sea, whether by the veteran’s own choice or otherwise,

“(3) whose remains were donated to science, or

“(4) whose remains were cremated and the ashes scattered without interment of any portion of the ashes,

for placement by the applicant in a national cemetery area reserved for such purpose under the provisions of section 2403 of this title or in a State, local, or private cemetery.”

Subsec. (d)(1), (2). Puspan. L. 105–368, § 403(c)(2), substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System”.

Subsec. (e). Puspan. L. 105–368, § 401(span), added subsec. (e).

1996—Puspan. L. 104–275, § 213(span)(1), substituted “burial receptacles” for “grave liners” in section catchline.

Subsec. (d)(1). Puspan. L. 104–275, § 213(a)(1), substituted “an outer burial receptacle” for “a grave liner” in two places.

Subsec. (d)(2). Puspan. L. 104–275, § 213(a)(2), substituted “outer burial receptacles” for “grave liners” and “regulations or procedures” for “specifications and procedures”.

Subsec. (d)(3), (4). Puspan. L. 104–275, § 213(a)(3), added pars. (3) and (4).

1992—Subsec. (a)(5). Puspan. L. 102–547 added par. (5).

1991—Puspan. L. 102–83, § 5(a), renumbered section 906 of this title as this section.

Subsec. (a). Puspan. L. 102–83, § 5(c)(1), substituted “2402(4)” for “1002(4)” in par. (2) and “2402(5)” for “1002(5)” in par. (4).

Subsec. (span). Puspan. L. 102–83, § 5(c)(1), substituted “2403” for “1003” in concluding provisions.

1990—Subsecs. (d), (e). Puspan. L. 101–508 redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “In lieu of furnishing a headstone or marker under subsection (a)(2) or (span) of this section, the Secretary, in the Secretary’s discretion, having due regard for the circumstances in each case, may reimburse the person entitled to request such headstone or marker for the cost of acquiring a non-Government headstone or marker for placement in any cemetery other than a national cemetery in connection with the burial or memorialization of the deceased individual. The cost referred to in the preceding sentence is the cost actually incurred by or on behalf of such person or the cost prepaid by the deceased individual, as the case may be. Reimbursement under this subsection may be made only upon the request of the person entitled to request the headstone or marker and may not be made in an amount in excess of the average actual cost, as determined by the Secretary, of headstones and markers furnished under subsections (a) and (span) of this section.”

1989—Subsecs. (a) to (c). Puspan. L. 101–237, § 313(span)(1), substituted “Secretary” for “Administrator”.

Subsec. (d). Puspan. L. 101–237, § 501, substituted “cost of acquiring” for “actual costs incurred by or on behalf of such person in acquiring” in first sentence, inserted after first sentence “The cost referred to in the preceding sentence is the cost actually incurred by or on behalf of such person or the cost prepaid by the deceased individual, as the case may be.”, and substituted “this subsection” for “the preceding sentence” in last sentence.

Puspan. L. 101–237, § 313(span)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

Subsec. (e)(1). Puspan. L. 101–237, § 504(a), inserted first sentence and struck out former first sentence which read as follows: “The Secretary may provide a grave liner for any grave in a cemetery within the National Cemetery System in which remains are interred in a casket.”

Puspan. L. 101–237, § 313(span)(1), substituted “Secretary may provide” for “Administrator may provide”.

Subsec. (e)(2). Puspan. L. 101–237, § 313(span)(3), substituted “Secretary of Veterans Affairs or Secretary of the Army” for “Administrator or the Secretary”.

1988—Puspan. L. 100–322, § 344(span)(1), substituted “Headstones, markers, and grave liners” for “Headstones and markers” in section catchline.

Subsec. (e). Puspan. L. 100–322, § 344(a), added subsec. (e).

1981—Subsec. (span). Puspan. L. 97–66 inserted provisions relating to veterans whose remains were donated to science or whose remains were cremated and the ashes scattered without interment of any portion of the ashes.

1980—Subsec. (a)(4). Puspan. L. 96–385 added par. (4).

1978—Subsec. (span). Puspan. L. 95–479 struck out “dying in the service, and” after “to commemorate any veteran”.

Subsecs. (c), (d). Puspan. L. 95–476 added subsecs. (c) and (d).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Puspan. L. 116–315, title II, § 2203(span), Jan. 5, 2021, 134 Stat. 4986, provided that:

“The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”

Puspan. L. 116–315, title II, § 2204(span), Jan. 5, 2021, 134 Stat. 4986, provided that:

“Subsection (i) of section 2306 of title 38, United States Code, as added by subsection (a), shall apply with respect to an individual who dies on or after October 1, 2019.”

Puspan. L. 116–315, title II, § 2207(span), Jan. 5, 2021, 134 Stat. 4988, provided that:

“The amendments made by this section [amending this section] shall take on [sic] effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].”

Effective Date of 2018 Amendment

Amendment by Puspan. L. 115–232 effective Fespan. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Puspan. L. 115–232, set out as a note preceding section 3001 of Title 10, Armed Forces.

Effective Date of 2013 Amendment

Puspan. L. 112–260, title I, § 101(span), Jan. 10, 2013, 126 Stat. 2418, provided that:

“Subsections (f) and (h)(4) of section 2306 of title 38, United States Code, as added by subsection (a), shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is one year after the date of the enactment of this Act.”

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–275 applicable with respect to the death, on or after Oct. 13, 2010, of the parent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Puspan. L. 111–275, set out as a note under section 107 of this title.

Effective Date of 2008 Amendment

Puspan. L. 110–389, title VIII, § 810(span), Oct. 10, 2008, 122 Stat. 4190, provided that:

“The amendment made by this section [amending this section] shall apply to deaths occurring on or after the date of the enactment of this Act [Oct. 10, 2008].”

Effective Date of 2006 Amendment

Puspan. L. 110–157, title II, § 203(span), Dec. 26, 2007, 121 Stat. 1833, provided that:

“Notwithstanding subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107–103; 115 Stat. 995; 38 U.S.C. 2306 note) or any other provision of law, the amendments made by that section and by subsections (a), (span), (c), (d), and (f) of section 402 of the Veterans Benefits, Health Care, and Information Technology Act of 2006 (Public Law 109–461; 120 Stat. 3429) [amending this section] shall take effect as of November 1, 1990, and shall apply with respect to headstones and markers for the graves of individuals dying on or after that date.”

Puspan. L. 109–461, title IV, § 401(c), Dec. 22, 2006, 120 Stat. 3429, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall apply with respect to individuals dying after the date of the enactment of this Act [Dec. 22, 2006].”

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–330 applicable with respect to deaths occurring on or after Dec. 6, 2002, see section 201(d) of Puspan. L. 107–330, set out as a note under section 112 of this title.

Effective Date of 2001 Amendment

Amendment by section 502 of Puspan. L. 107–103 effective Nov. 1, 1990, and applicable with respect to headstones and markers for the graves of individuals dying on or after that date, see section 203(span) of Puspan. L. 110–157, set out as an Effective Date of 2006 Amendment note above.

Puspan. L. 107–103, title V, § 502(d), Dec. 27, 2001, 115 Stat. 995, as amended by Puspan. L. 107–330, title II, § 203(a), Dec. 6, 2002, 116 Stat. 2824, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall apply with respect to markers for the graves of individuals dying on or after September 11, 2001.”

[Puspan. L. 107–330, title II, § 203(span), Dec. 6, 2002, 116 Stat. 2824, provided that:

“The amendment made by subsection (a) [amending section 502(d) of Puspan. L. 107–103, set out above] shall take effect as if included in the enactment of such section 502.”

]

Effective Date of 1998 Amendment

Puspan. L. 105–368, title IV, § 401(d), Nov. 11, 1998, 112 Stat. 3335, provided that:

“The amendments made by subsections (a) and (span) [amending this section] shall apply to deaths occurring after the date of the enactment of this Act [Nov. 11, 1998].”

Effective Date of 1990 Amendment

Puspan. L. 101–508, title VIII, § 8041(span), Nov. 5, 1990, 104 Stat. 1388–349, provided that:

“This section [amending this section] shall apply to deaths occurring on or after November 1, 1990.”

Effective Date of 1989 Amendment

Puspan. L. 101–237, title V, § 504(span), Dec. 18, 1989, 103 Stat. 2094, provided that:

“The amendment made by subsection (a) [amending this section] shall apply to interments that occur after January 1, 1990.”

Effective Date of 1981 Amendment

Amendment by Puspan. L. 97–66 applicable with respect to veterans dying before, on, or after Oct. 17, 1981, see section 701(span)(6) of Puspan. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–385 applicable only with respect to individuals who die after Sept. 30, 1980, see section 601(c) of Puspan. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendments

Amendment by Puspan. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Puspan. L. 95–479, set out as a note under section 1114 of this title.

Amendment by Puspan. L. 95–476 effective Oct. 18, 1978, see section 205(a) of Puspan. L. 95–476, set out as a note under section 2303 of this title.

Effective Date

Puspan. L. 93–43, § 10(c), June 18, 1973, 87 Stat. 88, provided that:

“Clause (2) of section 5(a) [enacting this section and section 907 [now 2307] of this title] and sections 6 [enacting provisions set out a note under section 2404 of this title] and 7 [repealing sections 271 to 276, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, and enacting provisions set out as notes under sections 271 to 276 of Title 24] of this Act shall take effect September 1, 1973, or on such earlier date as the President may prescribe and publish in the Federal Register.”

Continuation of Authority

Puspan. L. 110–92, § 162, as added by Puspan. L. 110–149, § 2, Dec. 21, 2007, 121 Stat. 1819, provided that:

“Notwithstanding section 106 [121 Stat. 990], the authority provided by section 2306(d)(3) of title 38, United States Code, shall continue in effect through September 30, 2008.”