§ 2306. Headstones, markers, and burial receptacles

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. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 5(a)(2) · 87 Stat. 75

   Enacted · 38 U.S.C. § 2306

   Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 906

   Source evidence

   Code source credit
   Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 906

   Enacted provision · exact public law section
   (2) adding at the end of such chapter the following new sections: “§ 906. Headstones and markers “(a) The Administrator shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following: “(1) Any individual buried in a national cemetery or in a post cemetery. “(2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 1002 (4), (5), and (6) of this title. “(3) Soldiers of the Union and Confederate Armies of the Civil War. “(b) The Administrator shall furnish, when requested, an appropriate memorial headstone or marker to commemorate any veteran dying in the service, and whose remains have not been recovered or identified or were buried at sea, for placement by the applicant in a national cemetery area, reserved for such purposes under the provisions Ante, p. 76. of section 1003 of this title, or in any private or local cemetery. “§ 907. Death from service-connected disability “In any case in which a. veteran dies as the result of a service-connected disability or disabilities, the Administrator, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the amount authorized to be paid under section 80 Stat. 548. 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 902 and 903 (a) (1) and (b) of this title.”

2. 1978

   An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes

   Pub. L. 95–479 title III § 303(b) · 92 Stat. 1560

   Struck · 38 U.S.C. § 2306(b)

   Pub. L. 95–479 struck out “dying in the service, and” after “to commemorate any veteran”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–479 struck out “dying in the service, and” after “to commemorate any veteran”.

   Enacted provision · exact public law section
   (b) Section 906(b) is amended by striking out “dying in the service, 38 USC 906. and”.

3. 1978

   Veterans’ Housing Benefits Act of 1978

   Pub. L. 95–476 title II § 203(a) · 92 Stat. 1497

   Added · 38 U.S.C. § 2306(c); 38 U.S.C. § 2306(d)

   Pub. L. 95–476 added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 95–476 added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (a) Section 906 is amended by adding at the end thereof 38 USC 906. the following new subsections: “(c) A headstone or marker furnished under subsection (a) or (b) of this section may be of any material, including but not limited to marble, granite, bronze, or slate, requested by the person entitled to request such headstone or marker if the material requested is determined by the Administrator (1) to be cost effective, and (2) in a case in which the headstone or marker is to be placed in a national cemetery, to be aesthetically compatible with the area of the cemetery in which it is to be placed. “(d) In lien of furnishing a headstone or marker under subsection (a)(2) or (b) of this section, the Administrator, in the Administrator’s discretion, having due regard for the circumstances in each case, may reimburse the person entitled to request such headstone or marker for the actual costs incurred by or on behalf of such person in 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. Reimbursement under the preceding sentence 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 Administrator, of headstones and markers furnished under subsections (a) and (b) of this section.”.

4. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 title V § 502 · 94 Stat. 1528

   Added · 38 U.S.C. § 2306(a)(4)

   Pub. L. 96–385 added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 96–385 added par. (4).

   Enacted provision · exact public law section
   Sec. 502. headstones and markers in certain cases Section 906(a) is amended by adding at the end of such section the following new paragraph: “(4) Any individual described in section 1002(5) of this title who is buried in a veterans’ cemetery owned by a State.”.

5. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 title VI § 603(a) · 95 Stat. 1026

   Inserted · 38 U.S.C. § 2306(b)

   Pub. 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. 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.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 906 is amended to read as follows: “(b) The Administrator 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 1008 of this title or in a State, local, or private cemetery.”.

6. 1988

   Veterans

   Pub. L. 100–322 § 344(b)(1) · 102 Stat. 487

   Substituted · 38 U.S.C. § 2306

   Pub. L. 100–322, § 344(b)(1), substituted “Headstones, markers, and grave liners” for “Headstones and markers” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–322, § 344(b)(1), substituted “Headstones, markers, and grave liners” for “Headstones and markers” in section catchline.

   Enacted provision · exact public law section
   (1) The heading of such section is amended to read as follows: “§ 906. Headstones, markers, and grave liners”.

7. 1988

   Veterans

   Pub. L. 100–322 § 344(a) · 102 Stat. 487

   Added · 38 U.S.C. § 2306(e)

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

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 100–322, § 344(a), added subsec. (e).

   Enacted provision · exact public law section
   (a) Authority to Provide.— Section 906 is amended by adding at the end the following new subsection: “(e) (1) The Administrator may provide a grave liner for any grave in a cemetery within the National Cemetery System in which remains are interred in a casket. The Secretary of the Army may provide a grave liner for such a grave in the Arlington National Cemetery. “(2) The use of grave liners in a cemetery within the National Cemetery System or in the Arlington National Cemetery shall be in accordance with specifications and procedures approved by the Administrator or the Secretary, respectively.”.

8. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

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

   Substituted · 38 U.S.C. § 2306(a)(c)

   Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Subsecs. (a) to (c). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator”.

   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.

9. 1989

   Veterans’ Benefits Amendments of 1989

   Pub. L. 101–237 § 501 · 103 Stat. 2062

   1. Substituted · 38 U.S.C. § 2306(d)

      Pub. L. 101–237, § 501, substituted “cost of acquiring” for “actual costs incurred by or on behalf of such person in acquiring” in first sentence

   2. Inserted · 38 U.S.C. § 2306(d)

      Pub. L. 101–237, § 501, 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.”

   3. Substituted · 38 U.S.C. § 2306(d)

      Pub. L. 101–237, § 501, substituted “this subsection” for “the preceding sentence” in last sentence

   Source evidence

   Code amendment note
   Subsec. (d). Pub. 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.

   Enacted provision · exact public law section
   SEC. 501. REIMBURSEMENT FOR COST OF CEMETERY HEADSTONE OR MARKER. Subsection (d) of section 906 is amended— (1) by striking out “actual costs incurred by or on behalf of such person in acquiring” in the first sentence and inserting in lieu thereof “cost of acquiring”; (2) by inserting after the first sentence the following: “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 (3) by striking out “the preceding sentence” and inserting in lieu thereof “this subsection”.

10. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

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

    Substituted · 38 U.S.C. § 2306(d)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, 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. 1989

    Veterans’ Benefits Amendments of 1989

    Pub. L. 101–237 § 504(a) · 103 Stat. 2062

    1. Inserted · 38 U.S.C. § 2306(e)(1)

       Pub. L. 101–237, § 504(a), inserted first sentence

    2. Struck · 38 U.S.C. § 2306(e)(1)

       Pub. L. 101–237, § 504(a), 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.”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. 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.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (e)(1) of section 906 is amended by striking out the first sentence and inserting in lieu thereof the following: “The Secretary of Veterans Affairs shall provide a grave liner for each new grave in an open cemetery within the National Cemetery System in which remains are interred in a casket.”.

12. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

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

    Substituted · 38 U.S.C. § 2306(e)(1)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 313(b)(1), substituted “Secretary may provide” for “Administrator may provide”.

    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.

13. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(3) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 2306(e)(2)

    Pub. L. 101–237, § 313(b)(3), substituted “Secretary of Veterans Affairs or Secretary of the Army” for “Administrator or the Secretary”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 101–237, § 313(b)(3), substituted “Secretary of Veterans Affairs or Secretary of the Army” for “Administrator or the Secretary”.

    Enacted provision · exact public law section
    (3) Section 906(e)(2) is amended by striking out “Administrator or the Secretary” and inserting in lieu thereof “Secretary of Veterans Affairs or Secretary of the Army”.

14. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VIII § 8041(a) · 104 Stat. 1388

    1. Redesignated · 38 U.S.C. § 2306(d); 38 U.S.C. § 2306(e)

       Pub. L. 101–508 redesignated subsec. (e) as (d)

    2. Struck · 38 U.S.C. § 2306(d); 38 U.S.C. § 2306(e)

       Pub. L. 101–508 struck out former subsec. (d) which read as follows: “In lieu of furnishing a headstone or marker under subsection (a)(2) or (b) 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 (b) of this section.”

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. 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 (b) 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 (b) of this section.”

    Enacted provision · exact public law section
    (a) In General.— Section 906 of title 38, United States Code, is amended— (1) by striking out subsection (d); and (2) by redesignating subsection (e) as subsection (d).

15. 1991

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

    Changed · 38 U.S.C. § 2306

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

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 906 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.

16. 1991

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

    1. Substituted · 38 U.S.C. § 2306(a)

       Pub. L. 102–83, § 5(c)(1), substituted “2402(4)” for “1002(4)” in par. (4)

    2. Substituted · 38 U.S.C. § 2306(a)

       Pub. L. 102–83, § 5(c)(1), substituted “2402(5)” for “1002(5)” in par. (4)

    Source evidence

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

    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.

17. 1991

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

    Substituted · 38 U.S.C. § 2306(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2403” for “1003” in concluding provisions.

    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.

18. 1992

    Veterans Home Loan Program Amendments of 1992

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

    Added · 38 U.S.C. § 2306(a)(5)

    Pub. L. 102–547 added par. (5)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 102–547 added par. (5).

    Enacted provision · exact public law section
    (b) Headstones or Markers.— Section 2306(a) of title 38, United States Code, is amended by adding at the end thereof the following: “(5) Any 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.”.

19. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 § 213(b)(1) · 110 Stat. 3322

    Substituted · 38 U.S.C. § 2306

    Pub. L. 104–275, § 213(b)(1), substituted “burial receptacles” for “grave liners” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 104–275, § 213(b)(1), substituted “burial receptacles” for “grave liners” in section catchline.

    Enacted provision · exact public law section
    (1) The heading of such section is amended to read as follows: “§ 2306. Headstones, markers, and burial receptacles”.

20. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 § 213(a)(1) · 110 Stat. 3322

    Substituted · 38 U.S.C. § 2306(d)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking out “a grave liner” each place it appears and inserting in lieu thereof “an outer burial receptacle”;

21. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 § 213(a)(2) · 110 Stat. 3322

    1. Substituted · 38 U.S.C. § 2306(d)(2)

       Pub. L. 104–275, § 213(a)(2), substituted “outer burial receptacles” for “grave liners”

    2. Substituted · 38 U.S.C. § 2306(d)(2)

       Pub. L. 104–275, § 213(a)(2), substituted “regulations or procedures” for “specifications and procedures”

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking out “grave liners” and inserting in lieu thereof “outer burial receptacles”; and (B) by striking out “specifications and procedures” and inserting in lieu thereof “regulations or procedures”; and

22. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 § 213(a)(3) · 110 Stat. 3322

    Added · 38 U.S.C. § 2306(d)(3); 38 U.S.C. § 2306(d)(4)

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

    Source evidence

    Code amendment note
    Subsec. (d)(3), (4). Pub. L. 104–275, § 213(a)(3), added pars. (3) and (4).

    Enacted provision · exact public law section
    (3) by adding at the end the following: “(3) Regulations or procedures under paragraph (2) may specify that— “(A) an outer burial receptacle other than a grave liner be provided in lieu of a grave liner at the election of the survivors of the interred veteran; and “(B) if an outer burial receptacle other than a grave liner is provided in lieu of a grave liner upon an election of such survivors, such survivors be required— “(i) to pay the amount by which the cost of the outer burial receptacle exceeds the cost of the grave liner that would otherwise have been provided in the absence of the election; and “(ii) to pay the amount of the administrative costs incurred by the Secretary (or, with respect to Arlington National Cemetery, the Secretary of the Army) in providing the outer burial receptacle in lieu of such grave liner. “(4) Regulations or procedures under paragraph (2) may provide for the use of a voucher system, or other system of reimbursement approved by the Secretary (or, with respect to Arlington National Cemetery, the Secretary of the Army), for payment for outer burial receptacles other than grave liners provided under such regulations or procedures”.

23. 1998

    Pub. L. 105–368 § 401(a) · 112 Stat. 3315

    Amended · 38 U.S.C. § 2306(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 105–368, § 401(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) 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.”

    Enacted provision · exact public law section
    (a) Memorial Headstones or Markers for Certain Members of the Armed Forces and Spouses.— Subsection (b) of section 2306 is amended to read as follows: “(b) (1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under section 2403 of this title, a veterans’ cemetery owned by a State, or, in the case of a veteran, in a State, local, or private cemetery. “(2) For purposes of paragraph (1), an eligible individual is any of the following: “(A) A veteran. “(B) The spouse or surviving spouse of a veteran. “(3) For purposes of paragraph (1), the remains of an individual shall be considered to be unavailable if the individual’s remains— “(A) have not been recovered or identified; “(B) were buried at sea, whether by the individual’s own choice or otherwise; “(C) were donated to science; or “(D) were cremated and the ashes scattered without interment of any portion of the ashes. “(4) For purposes of this subsection: “(A) The term ‘veteran’ includes an individual who dies in the active military, naval, or air service. “(B) The term ‘surviving spouse’ includes an unremarried surviving spouse whose subsequent remarriage was terminated by death or divorce.”.

24. 1998

    Pub. L. 105–368 § 403(c)(2) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2306(d)(1); 38 U.S.C. § 2306(d)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) Section 2306(d) is amended by striking “within the National Cemetery System” each place such term appears and inserting “under the control of the National Cemetery Administration”.

25. 1998

    Pub. L. 105–368 § 401(b) · 112 Stat. 3315

    Added · 38 U.S.C. § 2306(e)

    Pub. L. 105–368, § 401(b), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–368, § 401(b), added subsec. (e).

    Enacted provision · exact public law section
    (b) Alternative Commemoration for Certain Spouses.— Such section is further amended by adding at the end the following new subsection: “(e) (1) When the Secretary has furnished a headstone or marker under subsection (a) for the unmarked grave of an individual, the Secretary shall, if feasible, add a memorial inscription to that headstone or marker rather than furnishing a separate headstone or marker under that subsection for the surviving spouse of such individual. “(2) When the Secretary has furnished a memorial headstone or marker under subsection (b) for purposes of commemorating a veteran or an individual who died in the active military, naval, or air service, the Secretary shall, if feasible, add a memorial inscription to that headstone or marker rather than furnishing a separate memorial headstone or marker under that subsection for the surviving spouse of such individual.”.

26. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 502(c) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2306(a)(5)

    Pub. L. 107–103, § 502(c), substituted “chapter 1223” for “chapter 67”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 107–103, § 502(c), substituted “chapter 1223” for “chapter 67”.

    Enacted provision · exact public law section
    (c) Cross Reference Correction.— Subsection (a)(5) of such section is amended by striking “chapter 67” and inserting “chapter 1223”.

27. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 502(b) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2306(c)

    Pub. L. 107–103, § 502(b), substituted “subsection (a), (b), or (d)” for “subsection (a) or (b)”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–103, § 502(b), substituted “subsection (a), (b), or (d)” for “subsection (a) or (b)”.

    Enacted provision · exact public law section
    (b) Design of Marker.— Subsection (c) of such section is amended by striking “subsection (a) or (b)” and inserting “subsection (a), (b), or (d)”.

28. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 502(a) · 115 Stat. 976

    1. Added · 38 U.S.C. § 2306(d)(f)

       Pub. L. 107–103, § 502(a), added subsec. (d)

    2. Redesignated · 38 U.S.C. § 2306(d)(f)

       Pub. L. 107–103, § 502(a), redesignated former subsecs. (d) and (e) as (e) and (f), respectively

    Source evidence

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

    Enacted provision · exact public law section
    (a) Government Marker Benefit.— Section 2306 of title 38, United States Code, is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following new subsection (d): “(d) (1) The Secretary shall furnish, when requested, an appropriate Government marker at the expense of the United States for the grave of an individual described in paragraph (2) or (5) of subsection (a) who is buried in a private cemetery, notwithstanding that the grave is marked by a headstone or marker furnished at private expense. Such a marker may be furnished only if the individual making the request for the Government marker certifies to the Secretary that the marker will be placed on the grave for which the marker is requested. “(2) Any marker furnished under this subsection shall be delivered by the Secretary directly to the cemetery where the grave is located. “(3) The authority to furnish a marker under this subsection expires on December 31, 2006. “(4) 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).”.

29. 2002

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

    Added · 38 U.S.C. § 2306(g)

    Pub. L. 107–330 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 107–330 added subsec. (g).

    Enacted provision · exact public law section
    (c) Headstone or Marker for Grave.— Section 2306 is amended by adding at the end the following new subsection: “(g) (1) A headstone or marker may not be furnished under subsection (a) for the unmarked grave of a person described in section 2411(b) of this title. “(2) A memorial headstone or marker may not be furnished under subsection (b) for the purpose of commemorating a person described in section 2411(b) of this title. “(3) A marker may not be furnished under subsection (d) for the grave of a person described in section 2411(b) of this title.”.

30. 2006

    Pub. L. 109–444 § 2(f) · 120 Stat. 3304

    Substituted · 38 U.S.C. § 2306(d)(3)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–444, which substituted “December 31, 2007” for “December 31, 2006”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.

    Enacted provision · exact public law section
    (f) Government Markers in Private Cemeteries.— Section 2306(d)(3) of such title is amended by striking “December 31, 2006” and inserting “December 31, 2007”.

31. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 401(a)(1) · 120 Stat. 3403

    Added · 38 U.S.C. § 2306(b)(2)(C)

    Pub. L. 109–461, § 401(a)(1), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. L. 109–461, § 401(a)(1), added subpar. (C).

    Enacted provision · exact public law section
    (1) in paragraph (2), by adding at the end the following new subparagraph: “(C) An eligible dependent child of a veteran.” ; and

32. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 401(a)(2) · 120 Stat. 3403

    Added · 38 U.S.C. § 2306(b)(5)

    Pub. L. 109–461, § 401(a)(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 109–461, § 401(a)(2), added par. (5).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(5) For purposes of this section, the term ‘eligible dependent child’ means a child— “(A) who is under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution; or “(B) who is unmarried and became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a course of instruction at an approved educational institution.” .

33. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(b)(1)(A)(ii) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 2306(d)(1)

    Pub. L. 109–461, § 402(b)(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

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 109–461, § 402(b)(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.

    Enacted provision · exact public law section
    (ii) in the second sentence, by inserting “headstone or” before “marker” each place it appears; and

34. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(b)(1)(A)(i) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 2306(d)(1)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–461, § 402(b)(1)(A)(i), substituted “Government headstone or marker” for “Government marker” in first sentence.

    Enacted provision · exact public law section
    (i) in the first sentence, by striking “Government marker” and inserting “Government headstone or marker”; and

35. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(b)(1)(B) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 2306(d)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) in paragraph (2), by inserting “headstone or” before “marker”.

36. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 1006(b) · 120 Stat. 3403

    Changed · 38 U.S.C. § 2306(d)(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    (b) Earlier Enactment of Veterans Programs Extension Act of 2006.— If this Act is enacted after the enactment of the Veterans Programs Extension Act of 2006, then as of the date of the enactment of this Act, the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall be deemed for all purposes not to have taken effect and the Veterans Programs Extension Act of 2006 and the amendments made by that Act shall cease to be in effect.

37. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(a) · 120 Stat. 3403

    Substituted · 38 U.S.C. § 2306(d)(3)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 109–461, § 402(a), substituted “December 31, 2007” for “December 31, 2006”.

    Enacted provision · exact public law section
    (a) Extension of Authority.— Paragraph (3) of subsection (d) of section 2306 is amended by striking “December 31, 2006” and inserting “December 31, 2007”.

38. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(f) · 120 Stat. 3403

    Added · 38 U.S.C. § 2306(d)(4)

    Pub. L. 109–461, § 402(f), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. L. 109–461, § 402(f), added par. (4).

    Enacted provision · exact public law section
    (f) Scope of Headstones and Markers Furnished.— Subsection (d) of such section is further amended by inserting after paragraph (3) the following new paragraph (4): “(4) The headstone or marker furnished under this subsection shall be the headstone or marker selected by the individual making the request from among all the headstones and markers made available by the Government for selection.” .

39. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(e) · 120 Stat. 3403

    Struck · 38 U.S.C. § 2306(d)(4)

    Pub. 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:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. 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).”

    Enacted provision · exact public law section
    (e) Repeal of Obsolete Report Requirement.— Subsection (d) of such section is further amended by striking paragraph (4).

40. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 401(b) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 2306(f)

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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 109–461, § 401(b), inserted “or eligible dependent child” after “surviving spouse” in pars. (1) and (2).

    Enacted provision · exact public law section
    (b) Addition of Memorial Inscription to Headstone or Marker of Veteran.— Subsection (f) of such section is amended by inserting “or eligible dependent child” after “surviving spouse” both places it appears.

41. 2006

    Veterans Benefits, Health Care, and Information Technology Act of 2006

    Pub. L. 109–461 § 402(b)(2) · 120 Stat. 3403

    Inserted · 38 U.S.C. § 2306(g)(3)

    Pub. L. 109–461, § 402(b)(2), inserted “headstone or” before “marker”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 109–461, § 402(b)(2), inserted “headstone or” before “marker”.

    Enacted provision · exact public law section
    (2) Conforming amendment.— Subsection (g)(3) of such section is amended by inserting “headstone or” before “marker”.

42. 2007

    Dr. James Allen Veteran Vision Equity Act of 2007

    Pub. L. 110–157 § 203(a) · 121 Stat. 1831

    1. Redesignated · 38 U.S.C. § 2306(d)(3); 38 U.S.C. § 2306(d)(4)

       Pub. L. 110–157, § 203(a), redesignated pars. (4) and (5) as (3) and (4), respectively

    2. Struck · 38 U.S.C. § 2306(d)(3); 38 U.S.C. § 2306(d)(4)

       Pub. L. 110–157, § 203(a), struck out former par. (3) which read as follows: “The authority to furnish a marker under this subsection expires on December 31, 2007.”

    Source evidence

    Code amendment note
    Subsec. (d)(3), (4). Pub. 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.”

    Enacted provision · exact public law section
    (a) Repeal of Expiration of Authority.— Subsection (d) of section 2306 of title 38, United States Code, as amended by section 201, is further amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5), as added by that section, as paragraphs (3) and (4), respectively.

43. 2007

    Dr. James Allen Veteran Vision Equity Act of 2007

    Pub. L. 110–157 § 203(a)(2) · 121 Stat. 1831

    Redesignated · 38 U.S.C. § 2306(d)(5)

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

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 110–157, § 203(a)(2), redesignated par. (5) as (4).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (4) and (5), as added by that section, as paragraphs (3) and (4), respectively.

44. 2007

    Dr. James Allen Veteran Vision Equity Act of 2007

    Pub. L. 110–157 § 201 · 121 Stat. 1831

    Added · 38 U.S.C. § 2306(d)(5)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 110–157, § 201, added par. (5).

    Enacted provision · exact public law section
    SEC. 201. PROVISION OF MEDALLION OR OTHER DEVICE FOR PRIVATELY-PURCHASED GRAVE MARKERS.   Section 2306(d) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(5) 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.” .

45. 2008

    Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title VIII § 810(a) · 122 Stat. 4145

    Substituted · 38 U.S.C. § 2306(b)(4)(B)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (b)(4)(B). Pub. 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”.

    Enacted provision · exact public law section
    (a) In General.— Section 2306(b)(4)(B) 38 USC 2306. is amended by striking “an unremarried surviving spouse whose subsequent remarriage was terminated by death or divorce” and inserting “a surviving spouse who had a subsequent remarriage”.

46. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 502(d)(3)(A) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2306(a)(2)

    Pub. L. 111–275, § 502(d)(3)(A), substituted “section 2402(a)(4)” for “section 2402(4)”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 111–275, § 502(d)(3)(A), substituted “section 2402(a)(4)” for “section 2402(4)”.

    Enacted provision · exact public law section
    (A) in paragraph (2), by striking “section 2402(4)” and inserting “section 2402(a)(4)”; and

47. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 502(d)(3)(B) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2306(a)(4)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) in paragraph (4), by striking “section 2402(5)” and inserting “section 2402(a)(5)”.

48. 2013

    Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 § 101(a)(1) · 126 Stat. 2417

    1. Added · 38 U.S.C. § 2306(f)(h)

       Pub. L. 112–260, § 101(a)(1), (2), added subsec. (f)

    2. Redesignated · 38 U.S.C. § 2306(f)(h)

       Pub. L. 112–260, § 101(a)(1), (2), redesignated former subsecs. (f) and (g) as (g) and (h), respectively

    Source evidence

    Code amendment note
    Subsecs. (f) to (h). Pub. L. 112–260, § 101(a)(1), (2), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

    Enacted provision · exact public law section
    (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;

49. 2013

    Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

    Pub. L. 112–260 § 101(a)(3) · 126 Stat. 2417

    Added · 38 U.S.C. § 2306(h)(4)

    Pub. L. 112–260, § 101(a)(3), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 112–260, § 101(a)(3), added par. (4).

    Enacted provision · exact public law section
    (3) in subsection (h), as redesignated by paragraph (1), by adding at the end the following new paragraph: “(4) A casket or urn may not be furnished under subsection (f) for burial of a person described in section 2411(b) of this title.” .

50. 2016

    Charles Duncan Buried with Honor Act of 2016

    Pub. L. 114–273 § 2(1) · 130 Stat. 1400

    Substituted · 38 U.S.C. § 2306(f)

    Pub. 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

    Source evidence

    Code amendment note
    Subsec. (f). Pub. 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.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “for burial in a national cemetery of a deceased veteran” and inserting “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”; and

51. 2016

    Charles Duncan Buried with Honor Act of 2016

    Pub. L. 114–273 § 2(2) · 130 Stat. 1400

    Substituted · 38 U.S.C. § 2306(f)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “the burial of the veteran in a national cemetery” and inserting “such burial”.

52. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 301(1) · 130 Stat. 1536

    1. Added · 38 U.S.C. § 2306(d)(4)

       Pub. L. 114–315, § 301(1), added par. (4)

    2. Struck · 38 U.S.C. § 2306(d)(4)

       Pub. L. 114–315, § 301(1), 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.”

    Source evidence

    Code amendment note
    Subsec. (d)(4). Pub. 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.”

    Enacted provision · exact public law section
    (1) by striking paragraph (4) and inserting the following new paragraph: “(4) (A) In lieu of furnishing a headstone or marker under this subsection to a deceased individual described in subparagraph (B), the Secretary may furnish, upon request, a medallion or other device of a design determined by the Secretary to signify the deceased individual’s status as a veteran, to be attached to a headstone or marker furnished at private expense. “(B) A deceased individual described in this subsection is an individual who— “(i) served in the Armed Forces on or after April 6, 1917; and “(ii) is eligible for a headstone or marker furnished under paragraph (1) (or would be so eligible but for the date of the death of the individual).” ; and

53. 2016

    Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016

    Pub. L. 114–315 § 301(2) · 130 Stat. 1536

    Added · 38 U.S.C. § 2306(d)(5)

    Pub. L. 114–315, § 301(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (d)(5). Pub. L. 114–315, § 301(2), added par. (5).

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(5) (A) In carrying out this subsection with respect to a deceased individual described in subparagraph (C), the Secretary shall furnish, upon request, a headstone or marker under paragraph (1) or a medallion under paragraph (4) that signifies the deceased’s status as a medal of honor recipient. “(B) If the Secretary furnished a headstone, marker, or medallion under paragraph (1) or (4) for a deceased individual described in subparagraph (C) that does not signify the deceased’s status as a medal of honor recipient, the Secretary shall, upon request, replace such headstone, marker, or medallion with a headstone, marker, or medallion, as the case may be, that so signifies the deceased’s status as a medal of honor recipient. “(C) A deceased individual described in this subparagraph is a deceased individual who— “(i) served in the Armed Forces on or after April 6, 1917; “(ii) is eligible for a headstone or marker furnished under paragraph (1) or a medallion furnished under paragraph (4) (or would be so eligible for such headstone, marker, or medallion but for the date of the death of the individual); and “(iii) was awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14 (including posthumously). “(D) In this paragraph, the term ‘medal of honor recipient’ means an individual who is awarded the medal of honor under section 3741, 6241, or 8741 of title 10 or section 491 of title 14.” .

54. 2018

    Pub. L. 115–136 § 1(1) · 132 Stat. 343

    Substituted · 38 U.S.C. § 2306(b)(2)(B)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (1) in subparagraph (B), by striking “The” and inserting “An individual who dies on or after November 11, 1998, who is the”; and

55. 2018

    Pub. L. 115–136 § 1(2) · 132 Stat. 343

    Substituted · 38 U.S.C. § 2306(b)(2)(C)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (2) in subparagraph (C), by striking “An” and inserting “An individual who dies on or after November 11, 1998, who is an”.

56. 2018

    Veterans Cemetery Benefit Correction Act

    Pub. L. 115–184 § 2(1) · 132 Stat. 1483

    1. Amended · 38 U.S.C. § 2306(e)(1)

       Pub. L. 115–184, § 2(1), designated first sentence as subpar. (A) and second sentence as subpar. (B)

    2. Added · 38 U.S.C. § 2306(e)(1)

       Pub. L. 115–184, § 2(1), added subpar. (C)

    Source evidence

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

    Enacted provision · exact public law section
    (1) in paragraph (1)— (A) by inserting “(A)” before “The Secretary of Veterans”; (B) in subparagraph (A), as designated by subparagraph (A) of this paragraph, by striking “The Secretary of the Army” and inserting the following: “(B) The Secretary of the Army” ; and (C) by adding at the end the following new subparagraph: “(C) The Secretary of the Interior shall provide an outer burial receptacle for each such a grave in an open national cemetery administered by the National Park Service.” ;

57. 2018

    Veterans Cemetery Benefit Correction Act

    Pub. L. 115–184 § 2(2) · 132 Stat. 1483

    1. Substituted · 38 U.S.C. § 2306(e)(2)

       Pub. 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”

    2. Substituted · 38 U.S.C. § 2306(e)(2)

       Pub. L. 115–184, § 2(2), substituted “, the Secretary of the Army, or the Secretary of the Interior” for “or Secretary of the Army”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. 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”.

    Enacted provision · exact public law section
    (2) in paragraph (2)— (A) by striking “or in the Arlington National Cemetery” and inserting “, in the Arlington National Cemetery, or in a national cemetery administered by the National Park Service”; and (B) by striking “or Secretary of the Army” and inserting “, the Secretary of the Army, or the Secretary of the Interior”;

58. 2018

    Veterans Cemetery Benefit Correction Act

    Pub. L. 115–184 § 2(3) · 132 Stat. 1483

    Substituted · 38 U.S.C. § 2306(e)(3)(B)(ii)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (e)(3)(B)(ii). Pub. 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”.

    Enacted provision · exact public law section
    (3) in paragraph (3)(B)(ii), by striking “or, with respect to Arlington National Cemetery, the Secretary of the Army” and inserting “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”; and

59. 2018

    Veterans Cemetery Benefit Correction Act

    Pub. L. 115–184 § 2(4) · 132 Stat. 1483

    Substituted · 38 U.S.C. § 2306(e)(4)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (e)(4). Pub. 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”.

    Enacted provision · exact public law section
    (4) in paragraph (4), by striking “or, with respect to Arlington National Cemetery, the Secretary of the Army” and inserting “or the Secretary of the Army with respect to Arlington National Cemetery or the Secretary of the Interiorwith respect to a national cemetery administered by the National Park Service”.

60. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 div. A title VIII § 809(n)(2) · 132 Stat. 1636

    Substituted · 38 U.S.C. § 2306(d)(5)(C)(iii); 38 U.S.C. § 2306(d)(5)(C)(D)

    Pub. L. 115–232 substituted “section 7271, 8291, or 9271 of title 10” for “section 3741, 6241, or 8741 of title 10”

    Source evidence

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

    Enacted provision · exact public law section
    (2) Section 2306(d)(5) of such title is amended by striking “section 3741, 6241, or 8741 of title 10” in subparagraphs (C)(iii) and (D) and inserting “section 7271, 8291, or 9271 of title 10”.

61. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 201(1) · 132 Stat. 5368

    Inserted · 38 U.S.C. § 2306(a)(4)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. 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”.

    Enacted provision · exact public law section
    (1) in subsection (a)(4), by inserting “or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization” after “State”;

62. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 201(2) · 132 Stat. 5368

    Inserted · 38 U.S.C. § 2306(b)(1)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. 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”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1), by inserting “, 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”;

63. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 202(a)(1) · 132 Stat. 5368

    Inserted · 38 U.S.C. § 2306(b)(2)(B)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. 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”.

    Enacted provision · exact public law section
    (1) in subparagraph (B), by inserting “, 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”; and

64. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 202(a)(2) · 132 Stat. 5368

    Inserted · 38 U.S.C. § 2306(b)(2)(C)

    Pub. 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”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(C). Pub. 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”.

    Enacted provision · exact public law section
    (2) in subparagraph (C), by inserting “, 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”.

65. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 201(3) · 132 Stat. 5368

    1. Amended · 38 U.S.C. § 2306(f)

       Pub. L. 115–407, § 201(3), designated existing provisions as par. (1)

    2. Redesignated · 38 U.S.C. § 2306(f)

       Pub. L. 115–407, § 201(3), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (1)

    3. Substituted · 38 U.S.C. § 2306(f)

       Pub. L. 115–407, § 201(3), 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)

    4. Added · 38 U.S.C. § 2306(f)

       Pub. L. 115–407, § 201(3), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. 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).

    Enacted provision · exact public law section
    (3) in subsection (f)— (A) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (B) by striking “The Secretary” and inserting “(1) The Secretary”; (C) by striking “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” and inserting “a covered cemetery”; and (D) by adding at the end the following: “(2) The term ‘covered cemetery’ means any of the following: “(A) A national cemetery. “(B) A veterans’ cemetery of a State for which the Department has provided a grant under section 2408 of this title. “(C) A veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization for which the Department has provided a grant under subsection (f) of such section.” ; and

66. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 § 201(4) · 132 Stat. 5368

    Added · 38 U.S.C. § 2306(i)

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

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 115–407, § 201(4), added subsec. (i).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsection: “(i) In this section, the term ‘tribal organization’ has the meaning given such term in section 3765 of this title.” .

67. 2021

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

    Pub. L. 116–283 div. A title IX § 926(a)(38) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 2306(b)(4)(A)

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

    Source evidence

    Code amendment note
    Subsec. (b)(4)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (38) Subsections (b)(4)(A) and (g)(2) of section 2306.

68. 2021

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

    Pub. L. 116–283 div. A title IX § 926(a)(38) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 2306(g)(2)

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

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (38) Subsections (b)(4)(A) and (g)(2) of section 2306.

69. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2203(a)(1)(A) · 134 Stat. 4932

    1. Substituted · 38 U.S.C. § 2306(e)(1)(A)

       Pub. L. 116–315, § 2203(a)(1)(A), substituted “may” for “shall”

    2. Inserted · 38 U.S.C. § 2306(e)(1)(A)

       Pub. L. 116–315, § 2203(a)(1)(A), 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”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. 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”.

    Enacted provision · exact public law section
    (A) in subparagraph (A)— (i) by striking “shall” and inserting “may”; and (ii) by inserting “, 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”; and

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

70. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2203(a)(1)(B) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2306(e)(1)(C)

    Pub. L. 116–315, § 2203(a)(1)(B), substituted “may” for “shall”

    Source evidence

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

    Enacted provision · exact public law section
    (B) in subparagraph (C), by striking “shall” and inserting “may”; and

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

71. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2203(a)(2) · 134 Stat. 4932

    1. Added · 38 U.S.C. § 2306(e)(2)

       Pub. L. 116–315, § 2203(a)(2), added par. (2)

    2. Struck · 38 U.S.C. § 2306(e)(2)

       Pub. L. 116–315, § 2203(a)(2), 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.”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. 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.”

    Enacted provision · exact public law section
    (2) by striking paragraph (2) and inserting the following new paragraph (2): “(2) (A) The use of outer burial receptacles in a cemetery under the control of the National Cemetery Administration or in a cemetery that is the subject of a grant to a State or a tribal organization under section 2408 of this title shall be in accordance with regulations or procedures approved by the Secretary of Veterans Affairs. “(B) The use of outer burial receptacles in Arlington National Cemetery shall be in accordance with regulations or procedures approved by the Secretary of the Army. “(C) The use of outer burial receptacles in a national cemetery administered by the National Park Service shall be in accordance with regulations or procedures approved by the Secretary of the Interior.” .

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

72. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2207(a)(2) · 134 Stat. 4932

    Redesignated · 38 U.S.C. § 2306(h)

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

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 116–315, § 2207(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (2) by inserting after subsection (g) the following new subsection (h): “(h) (1) In lieu of furnishing a headstone or marker under this section for a deceased individual described in paragraph (3), the Secretary shall furnish, upon request and at the expense of the United States— “(A) an urn made of any material to signify the individual’s status as a veteran, in which the remains of such individual may be placed at private expense; or “(B) a commemorative plaque signifying the individual’s status as a veteran. “(2) If the Secretary furnishes an urn or commemorative plaque for an individual under paragraph (1), the Secretary may not provide for such individual— “(A) a headstone or marker under this section; or “(B) any burial benefit under section 2402 of this title. “(3) A deceased individual described in this paragraph is an individual— “(A) who served in the Armed Forces on or after April 6, 1917; “(B) who is eligible for a headstone or marker furnished under subsection (d) (or would be so eligible but for the date of the death of the individual); and “(C) whose remains were cremated and not interred in a national cemetery, a State veterans’ cemetery, a tribal cemetery, a county cemetery, or a private cemetery. “(4) (A) Any urn or commemorative plaque furnished under this subsection shall be the personal property of the next of kin or such other individual as the Secretary considers appropriate. “(B) The Federal Government shall not be liable for any damage to an urn or commemorative plaque furnished under this subsection that occurs after the date on which the urn or commemorative plaque is so furnished. “(5) The Secretary shall prescribe regulations to carry out this subsection.” .

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

73. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2207(a)(1) · 134 Stat. 4932

    Redesignated · 38 U.S.C. § 2306(i); 38 U.S.C. § 2306(j)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

74. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2204(a) · 134 Stat. 4932

    1. Added · 38 U.S.C. § 2306(i); 38 U.S.C. § 2306(j)

       Pub. L. 116–315, § 2204(a), added subsec. (i)

    2. Redesignated · 38 U.S.C. § 2306(i); 38 U.S.C. § 2306(j)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–315, § 2204(a), added subsec. (i) and redesignated former subsec. (i) as (j).

    Enacted provision · exact public law section
    (a) In General.— Section 2306 of title 38, United States Code, is amended— (1) by redesignating subsection (i) as subsection (j); and (2) by inserting after subsection (h) the following new subsection (i): “(i) (1) In addition to any other authority under this section, in the case of an individual whose grave is not in a covered cemetery (as that term is defined in subsection (f)(2)) and for whom the Secretary has furnished a headstone or marker under subsection (a) or (d), the Secretary, if feasible and upon request, may replace the headstone or marker to add an inscription for the surviving spouse or eligible dependent child of such individual following the death of the surviving spouse or eligible dependent child. “(2) If the spouse or eligible dependent child of an individual referred to in paragraph (1) predeceases the individual, the Secretary may, if feasible and upon request, include an inscription for the spouse or dependent child on the headstone or marker furnished for the individual under subsection (a) or (d).” .

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

75. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2207(a)(1) · 134 Stat. 4932

    Redesignated · 38 U.S.C. § 2306(k)

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

    Source evidence

    Code amendment note
    Subsec. (k). Pub. L. 116–315, § 2207(a)(1), redesignated subsec. (j) as (k).

    Enacted provision · exact public law section
    (1) by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively; and

    Effective date note
    Pub. L. 116–315, title II, § 2203(b), 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].” Pub. L. 116–315, title II, § 2204(b), 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.” Pub. L. 116–315, title II, § 2207(b), 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].”

76. 2024

    Pub. L. 118–83 div. B title III § 311 · 138 Stat. 1540

    Substituted · 38 U.S.C. § 2306(b)(2)(B); 38 U.S.C. § 2306(b)(2)(C)

    Pub. L. 118–83 substituted “September 30, 2025” for “October 1, 2024”

    Unresolved: Pub. L. 118–83 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 118–83 substituted “September 30, 2025” for “October 1, 2024”.

77. 2024

    Pub. L. 118–134 § 2(a)(1) · 138 Stat. 1646

    1. Redesignated · 38 U.S.C. § 2306(d)(5)(C)(i)

       Pub. L. 118–134, § 2(a)(1), (3), redesignated cl. (ii) as (i)

    2. Struck · 38 U.S.C. § 2306(d)(5)(C)(i)

       Pub. L. 118–134, § 2(a)(1), (3), struck out former cl. (i) which read as follows: “served in the Armed Forces on or after April 6, 1917;”

    Unresolved: Pub. L. 118–134 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(C)(i). Pub. L. 118–134, § 2(a)(1), (3), redesignated cl. (ii) as (i) and struck out former cl. (i) which read as follows: “served in the Armed Forces on or after April 6, 1917;”.

78. 2024

    Pub. L. 118–134 § 2(a)(3) · 138 Stat. 1646

    1. Redesignated · 38 U.S.C. § 2306(d)(5)(C)(ii)

       Pub. L. 118–134, § 2(a)(3), (b), redesignated cl. (iii) as (ii)

    2. Redesignated · 38 U.S.C. § 2306(d)(5)(C)(ii)

       Pub. L. 118–134, § 2(a)(3), (b), substituted “section 2732” for “section 491”. Former cl. (ii) redesignated (i)

    Unresolved: Pub. L. 118–134 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(C)(ii). Pub. L. 118–134, § 2(a)(3), (b), redesignated cl. (iii) as (ii) and substituted “section 2732” for “section 491”. Former cl. (ii) redesignated (i).

79. 2024

    Pub. L. 118–134 § 2(a)(2) · 138 Stat. 1646

    Inserted · 38 U.S.C. § 2306(d)(5)(C)(ii)

    Pub. L. 118–134, § 2(a)(2), inserted “(except that subparagraph (B)(i) of such paragraph shall not apply)” after “paragraph (4)”

    Unresolved: Pub. L. 118–134 was not found in the local Statutes at Large index.

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 118–134, § 2(a)(2), inserted “(except that subparagraph (B)(i) of such paragraph shall not apply)” after “paragraph (4)”.

80. 2024

    Pub. L. 118–134 § 2(a)(3) · 138 Stat. 1646

    Redesignated · 38 U.S.C. § 2306(d)(5)(C)(iii)

    Pub. L. 118–134, § 2(a)(3), redesignated cl. (iii) as (ii)

    Unresolved: Pub. L. 118–134 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(C)(iii). Pub. L. 118–134, § 2(a)(3), redesignated cl. (iii) as (ii).

81. 2024

    Pub. L. 118–134 § 2(b) · 138 Stat. 1646

    Substituted · 38 U.S.C. § 2306(d)(5)(D)

    Pub. L. 118–134, § 2(b), substituted “section 2732” for “section 491”

    Unresolved: Pub. L. 118–134 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(5)(D). Pub. L. 118–134, § 2(b), substituted “section 2732” for “section 491”.

82. 2025

    Pub. L. 118–271 § 2 · 138 Stat. 2991

    Substituted · 38 U.S.C. § 2306(b)(2)(B); 38 U.S.C. § 2306(b)(2)(C)

    Pub. L. 118–271 substituted “September 30, 2032” for “September 30, 2025”

    Unresolved: Pub. L. 118–271 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B), (C). Pub. L. 118–271 substituted “September 30, 2032” for “September 30, 2025”.

93 of 102 references resolved to an enrolled provision · 9 unresolved