§ 2301. Flags

Footnotes

1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 2301

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 901

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 901

2. 1961

   Pub. L. 87–240 § 1(1) · 75 Stat. 512

   Inserted · 38 U.S.C. § 2301(a)

   Pub. L. 87–240, § 1(1), inserted “or of Mexican border service” after “veteran of any war”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 87–240, § 1(1), inserted “or of Mexican border service” after “veteran of any war”.

   Enacted provision · exact public law section
   (1) Inserting after the phrase “veteran of any war” in subsection (a) thereof, the phrase “or of Mexican border service”; and

3. 1961

   Pub. L. 87–240 § 1(2) · 75 Stat. 512

   Added · 38 U.S.C. § 2301(c)

   Pub. L. 87–240, § 1(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 87–240, § 1(2), added subsec. (c).

   Enacted provision · exact public law section
   (1) Inserting after the phrase “veteran of any war” in subsection (a) thereof, the phrase “or of Mexican border service”; and

4. 1966

   Veterans

   Pub. L. 89–358 § 9 · 80 Stat. 12

   Changed · 38 U.S.C. § 2301(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   Sec. 9. deceased veterans—flags Section 901 (a)(1) of title 38, United States Code, is amended by striking out “or of Mexican border service” and inserting in lieu thereof of Mexican border service, or of service after January 31, 1955”.

5. 1967

   Veterans’ Pension and Readjustment Assistance Act of 1967

   Pub. L. 90–77 title IV § 402 · 81 Stat. 178

   Added · 38 U.S.C. § 2301(d)

   Pub. L. 90–77 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 90–77 added subsec. (d).

   Enacted provision · exact public law section
   Sec. 402. burial flags for certain in-service deaths Section 901 of title 38, United States Code, is amended by adding a new subsection “(d)” at the end thereof to read as follows: “(d) In the case of any person who died while in the active military, naval, or air service after May 27, 1941, the Administrator shall furnish a flag to the next of kin, or to such other person as the Administrator deems most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section, or under section 70A Stat. 113. 1482(a) of title 10, United States Code.”

6. 1970

   Pub. L. 91–588 § 9(g)(1) · 84 Stat. 1580

   Struck · 38 U.S.C. § 2301(a)

   Pub. L. 91–588, § 9(g)(1), struck out reference to the Mexican border service

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 91–588, § 9(g)(1), struck out reference to the Mexican border service.

   Enacted provision · exact public law section
   (1) by striking out “of Mexican border service,” in subsection (a);and

7. 1970

   Pub. L. 91–588 § 9(g)(2) · 84 Stat. 1580

   Substituted · 38 U.S.C. § 2301(c)

   Pub. L. 91–588, § 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”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 91–588, § 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”.

   Enacted provision · exact public law section
   (2) by amending subsection (c) thereof to read as follows: “(c) For the purpose of this section, the term ‘Mexican border period’ as defined in paragraph (30) of section 101 of this title includes Ante, p. 1584. the period beginning on January 1, 1911, and ending on May 8, 1916.”.

8. 1982

   Veterans’ Compensation, Education, and Employment Amendments of 1982

   Pub. L. 97–306 title IV § 402(a) · 96 Stat. 1429

   Added · 38 U.S.C. § 2301(e)

   Pub. L. 97–306 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 97–306 added subsec. (e).

   Enacted provision · exact public law section
   (a) Section 901 is amended by adding at the end the following new subsection: “(e) The Administrator 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 1002(6) of this title. After the burial, the flag shall be given to the next of kin or to such other person as the Administrator considers appropriate.”.

9. 1986

   Pub. L. 99–576 title VII § 701(50) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2301(b)

   Pub. L. 99–576 substituted “the veteran’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–576 substituted “the veteran’s” for “his”.

   Enacted provision · exact public law section
   (50) Section 901(b) is amended by striking out “his” and inserting in lieu thereof “the veteran’s”.

10. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 2301(a); 38 U.S.C. § 2301(d); 38 U.S.C. § 2301(e)

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a), (d), (e). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

11. 1991

    Pub. L. 102–54 § 14(b)(20) · 105 Stat. 267

    1. Substituted · 38 U.S.C. § 2301(d)

       Pub. L. 102–54 substituted “considers” for “deems”

    2. Struck · 38 U.S.C. § 2301(d)

       Pub. L. 102–54 struck out comma after “this section”

    3. Struck · 38 U.S.C. § 2301(d)

       Pub. L. 102–54 struck out “, United States Code” after “title 10”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”.

12. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2301

    Pub. L. 102–83, § 5(a), renumbered section 901 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 901 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

13. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2301(e)

    Pub. L. 102–83, § 5(c)(1), substituted “2402(6)” for “1002(6)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “2402(6)” for “1002(6)”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

14. 1992

    Veterans Home Loan Program Amendments of 1992

    Pub. L. 102–547 § 11(a) · 106 Stat. 3633

    Amended · 38 U.S.C. § 2301(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—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (a) Flags.— Section 2301(a) of title 38, United States Code, is amended to read as follows: “(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 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.”.

15. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 517 · 112 Stat. 1920

    Added · 38 U.S.C. § 2301(f)

    Pub. L. 105–261, § 517, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 105–261, § 517, added subsec. (f).

    Enacted provision · exact public law section
    SEC. 517. FURNISHING OF BURIAL FLAGS FOR DECEASED MEMBERS AND FORMER MEMBERS OF THE SELECTED RESERVE. Section 2301 of title 38, United States Code, is amended by adding at the end the following new subsection: “(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 subparagraphs (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.”.

16. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 § 1073(a) · 112 Stat. 1920

    Added · 38 U.S.C. § 2301(g)

    Pub. L. 105–261, § 1073(a), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 105–261, § 1073(a), added subsec. (g).

    Enacted provision · exact public law section
    (a) Requirement.— Section 2301 of title 38, United States Code, as amended by section 517, is further amended by adding at the end the following new subsection: “(g) (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 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.”.

17. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(3)(A) · 115 Stat. 25

    Substituted · 38 U.S.C. § 2301(f)(1)

    Pub. L. 107–14, § 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

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 107–14, § 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.

    Enacted provision · exact public law section
    (A) in the matter in paragraph (1) preceding subparagraph (A), by striking “(as” and all that follows through “in section” and (B) inserting “(as described in section”; and

18. 2001

    Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(3)(B) · 115 Stat. 25

    Substituted · 38 U.S.C. § 2301(f)(2)

    Pub. L. 107–14, § 8(a)(3)(B), substituted “subparagraph” for “subparagraphs”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 107–14, § 8(a)(3)(B), substituted “subparagraph” for “subparagraphs”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “subparagraphs” and inserting “subparagraph”.

19. 2002

    Pub. L. 107–330 title II § 201(b) · 116 Stat. 2820

    1. Added · 38 U.S.C. § 2301(g); 38 U.S.C. § 2301(h)

       Pub. L. 107–330 added subsec. (g)

    2. Redesignated · 38 U.S.C. § 2301(g); 38 U.S.C. § 2301(h)

       Pub. L. 107–330 redesignated former subsec. (g) as (h)

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 107–330 added subsec. (g) and redesignated former subsec. (g) as (h).

    Enacted provision · exact public law section
    (b) Flag to Drape Casket.— Section 2301 is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following new subsection (g): “(g) A flag may not be furnished under this section in the case of a person described in section 2411(b) of this title.”.

20. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title V § 502(d)(2) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2301(e)

    Pub. L. 111–275 substituted “section 2402(a)(6)” for “section 2402(6)”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 111–275 substituted “section 2402(a)(6)” for “section 2402(6)”.

    Enacted provision · exact public law section
    (2) Cross-reference correction.— Section 2301(e) is amended by striking “section 2402(6)” and inserting “section 2402(a)(6)”.

    Effective date note
    Amendment by Pub. 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 Pub. L. 111–275, set out as a note under section 107 of this title.

21. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(35) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 2301(a)(1)(C); 38 U.S.C. § 2301(a)(1)(d)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsecs. (a)(1)(C), (d). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (35) Subsections (a)(1)(C) and (d) of section 2301.

23 of 24 references resolved to an enrolled provision · 1 partial