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Veterans burial flags

Downloaded and printed from the U.S. Code, here is the chapter on Veterans benefits, in particular, those applicable to using a burial flag. I’ll have more on this tomorrow or in a few days.

Office of the Law Revision Counsel, U.S. House of Representatives

-CITE-
38 USC Sec. 2301 01/02/2006

-EXPCITE-
TITLE 38 – VETERANS’ BENEFITS
PART II – GENERAL BENEFITS
CHAPTER 23 – BURIAL BENEFITS

-HEAD-
Sec. 2301. Flags

-STATUTE-
(a) The Secretary shall furnish a flag to drape the casket of
each –
(1) deceased veteran who –
(A) was a veteran of any war, or of service after January 31,
1955;
(B) had served at least one enlistment; or
(C) had been discharged or released from the active military,
naval, or air service for a disability incurred or aggravated
in line of duty; and

(2) deceased individual who at the time of death was entitled
to retired pay under chapter 67 (!1) of title 10 or would have
been entitled to retired pay under that chapter but for the fact
that the person was under 60 years of age.

(b) After the burial of the veteran the flag so furnished shall
be given to the veteran’s next of kin. If no claim is made for the
flag by the next of kin, it may be given, upon request, to a close
friend or associate of the deceased veteran. If a flag is given to
a close friend or associate of the deceased veteran, no flag shall
be given to any other person on account of the death of such
veteran.
(c) For the purpose of this section, the term “Mexican border
period” as defined in paragraph (30) of section 101 of this title
includes the period beginning on January 1, 1911, and ending on May
8, 1916.
(d) In the case of any person who died while in the active
military, naval, or air service after May 27, 1941, the Secretary
shall furnish a flag to the next of kin, or to such other person as
the Secretary considers most appropriate, if such next of kin or
other person is not otherwise entitled to receive a flag under this
section or under section 1482(a) of title 10.
(e) The Secretary shall furnish a flag to drape the casket of
each deceased person who is buried in a national cemetery by virtue
of eligibility for burial in such cemetery under section 2402(6) of
this title. After the burial, the flag shall be given to the next
of kin or to such other person as the Secretary considers
appropriate.
(f)(1) The Secretary shall furnish a flag to drape the casket of
each deceased member or former member of the Selected Reserve (as
described in section 10143 of title 10) who is not otherwise
eligible for a flag under this section or section 1482(a) of title
10 –
(A) who completed at least one enlistment as a member of the
Selected Reserve or, in the case of an officer, completed the
period of initial obligated service as a member of the Selected
Reserve;
(B) who was discharged before completion of the person’s
initial enlistment as a member of the Selected Reserve or, in the
case of an officer, period of initial obligated service as a
member of the Selected Reserve, for a disability incurred or
aggravated in line of duty; or
(C) who died while a member of the Selected Reserve.

(2) A flag may not be furnished under subparagraph (A) or (B) of
paragraph (1) in the case of a person whose last discharge from
service in the Armed Forces was under conditions less favorable
than honorable.
(3) After the burial, a flag furnished under paragraph (1) shall
be given to the next of kin or to such other person as the
Secretary considers appropriate.
(g) A flag may not be furnished under this section in the case of
a person described in section 2411(b) of this title.
(h)(1) The Secretary may not procure any flag for the purposes of
this section that is not wholly produced in the United States.
(2)(A) The Secretary may waive the requirement of paragraph (1)
if the Secretary determines –
(i) that the requirement cannot be reasonably met; or
(ii) that compliance with the requirement would not be in the
national interest of the United States.

(B) The Secretary shall submit to Congress in writing notice of a
determination under subparagraph (A) not later than 30 days after
the date on which such determination is made.
(3) For the purpose of paragraph (1), a flag shall be considered
to be wholly produced in the United States only if –
(A) the materials and components of the flag are entirely
grown, manufactured, or created in the United States;
(B) the processing (including spinning, weaving, dyeing, and
finishing) of such materials and components is entirely performed
in the United States; and
(C) the manufacture and assembling of such materials and
components into the flag is entirely performed in the United
States.

-SOURCE-
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, Sec. 901; Pub. L. 87-
240, Sept. 14, 1961, 75 Stat. 512; Pub. L. 89-358, Sec. 9, Mar. 3,
1966, 80 Stat. 28; Pub. L. 90-77, title IV, Sec. 402, Aug. 31,
1967, 81 Stat. 190; Pub. L. 91-588, Sec. 9(g), Dec. 24, 1970, 84
Stat. 1585; Pub. L. 97-306, title IV, Sec. 402(a), Oct. 14, 1982,
96 Stat. 1442; Pub. L. 99-576, title VII, Sec. 701(50), Oct. 28,
1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),
Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102-54, Sec. 14(b)(20), June
13, 1991, 105 Stat. 284; renumbered Sec. 2301 and amended Pub. L.
102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-
547, Sec. 11(a), Oct. 28, 1992, 106 Stat. 3644; Pub. L. 105-261,
div. A, title V, Sec. 517, title X, Sec. 1073(a), Oct. 17, 1998,
112 Stat. 2009, 2137; Pub. L. 107-14, Sec. 8(a)(3), June 5, 2001,
115 Stat. 34; Pub. L. 107-330, title II, Sec. 201(b), Dec. 6, 2002,
116 Stat. 2823.)

-REFTEXT-
REFERENCES IN TEXT
Chapter 67 of title 10, referred to in subsec. (a)(2), was
transferred to part II of subtitle E of Title 10, Armed Forces,
renumbered as chapter 1223, and amended generally by Pub. L. 103-
337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108 Stat.
2998. A new chapter 67 (Sec. 1331) of Title 10 was added by section
1662(j)(7) of Pub. L. 103-337.

-MISC1-
AMENDMENTS
2002 – Subsecs. (g), (h). Pub. L. 107-330 added subsec. (g) and
redesignated former subsec. (g) as (h).
2001 – Subsec. (f)(1). Pub. L. 107-14, Sec. 8(a)(3)(A), directed
the substitution of “(as described in section” for “(as described
in section” in introductory provisions, requiring no change in
text.
Subsec. (f)(2). Pub. L. 107-14, Sec. 8(a)(3)(B), substituted
“subparagraph” for “subparagraphs”.
1998 – Subsec. (f). Pub. L. 105-261, Sec. 517, added subsec. (f).
Subsec. (g). Pub. L. 105-261, Sec. 1073(a), added subsec. (g).
1992 – Subsec. (a). Pub. L. 102-547 amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows: “The
Secretary shall furnish a flag to drape the casket of each deceased
veteran who –
“(1) was a veteran of any war, or of service after January 31,
1955;
“(2) had served at least one enlistment; or
“(3) had been discharged or released from the active military,
naval, or air service for a disability incurred or aggravated in
line of duty.”
1991 – Pub. L. 102-83, Sec. 5(a), renumbered section 901 of this
title as this section.
Subsec. (d). Pub. L. 102-54 substituted “considers” for “deems”,
struck out comma after “this section”, and struck out “, United
States Code” after “title 10”.
Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted “2402(6)”
for “1002(6)”.
1989 – Subsecs. (a), (d), (e). Pub. L. 101-237 substituted
“Secretary” for “Administrator” wherever appearing.
1986 – Subsec. (b). Pub. L. 99-576 substituted “the veteran’s”
for “his”.
1982 – Subsec. (e). Pub. L. 97-306 added subsec. (e).
1970 – Subsec. (a). Pub. L. 91-588, Sec. 9(g)(1), struck out
reference to the Mexican border service.
Subsec. (c). Pub. L. 91-588, Sec. 9(g)(2), substituted “For the
purpose of this section, the term ‘Mexican border period’ as
defined in paragraph (30) of section 101 of this title includes the
period beginning on January 1, 1911, and ending on May 8, 1916” for
“For the purpose of this section, the term ‘Mexican border service’
means active military, naval, or air service during the period
beginning on January 1, 1911, and ending on April 5, 1917, in
Mexico, on the borders thereof, or in the waters adjacent thereto”.
1967 – Subsec. (d). Pub. L. 90-77 added subsec. (d).
1966 – Subsec. (a)(1). Pub. L. 89-358 required a flag to be
furnished to drape the casket of a deceased veteran who served
after Jan. 31, 1955.
1961 – Subsec. (a). Pub. L. 87-240, Sec. 1(1), inserted “or of
Mexican border service” after “veteran of any war”.
Subsec. (c). Pub. L. 87-240, Sec. 1(2), added subsec. (c).

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

EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-261, div. A, title X, Sec. 1073(b), Oct. 17, 1998,
112 Stat. 2138, provided that: “Subsection (g) of section 2301 of
title 38, United States Code, as added by subsection (a), shall
apply to flags procured by the Secretary of Veterans Affairs for
the purposes of section 2301 of title 38, United States Code, after
the end of the 30-day period beginning on the date of the enactment
of this Act [Oct. 17, 1998].”

EFFECTIVE DATE OF 1982 AMENDMENT
Section 402(b) of Pub. L. 97-306 provided that: “The amendment
made by subsection (a) [amending this section] shall apply with
respect to burials after September 30, 1982.”

EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section
10(a) of Pub. L. 91-588, set out as a note under section 1521 of
this title.

EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-77 effective first day of first calendar
month which begins more than ten days after Aug. 31, 1967, see
section 405 of Pub. L. 90-77, set out as a note under section 101
of this title.

-FOOTNOTE-
(!1) See References in Text note below.

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