§ 2306. — Headstones, markers, and burial receptacles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2306]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 23--BURIAL BENEFITS
Sec. 2306. Headstones, markers, and burial receptacles
(a) The Secretary 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 2402(4), (5), and (6) of this title.
(3) Soldiers of the Union and Confederate Armies of the Civil War.
(4) Any individual described in section 2402(5) of this title who is
buried in a veterans' cemetery owned by a State.
(5) Any individual who at the time of death was entitled to retired
pay under chapter 1223 of title 10 or would have been entitled to
retired pay under that chapter but for the fact that the person was
under 60 years of age.
(b)(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.
(c) A headstone or marker furnished under subsection (a), (b), or
(d) 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 Secretary (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)(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).
(e)(1) The Secretary of Veterans Affairs shall provide an outer
burial receptacle for each new grave in an open cemetery under the
control of the National Cemetery Administration in which remains are
interred in a casket. The Secretary of the Army may provide an outer
burial receptacle for such a grave in the Arlington National Cemetery.
(2) The use of outer burial receptacles in a cemetery under the
control of the National Cemetery Administration or in the Arlington
National Cemetery shall be in accordance with regulations or procedures
approved by the Secretary of Veterans Affairs or Secretary of the Army,
respectively.
(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.
(f)(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.
(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.
(Added Pub. L. 93-43, Sec. 5(a)(2), June 18, 1973, 87 Stat. 80,
Sec. 906; amended Pub. L. 95-476, title II, Sec. 203(a), Oct. 18, 1978,
92 Stat. 1505; Pub. L. 95-479, title III, Sec. 303(b), Oct. 18, 1978, 92
Stat. 1565; Pub. L. 96-385, title V, Sec. 502, Oct. 7, 1980, 94 Stat.
1534; Pub. L. 97-66, title VI, Sec. 603(a), Oct. 17, 1981, 95 Stat.
1034; Pub. L. 100-322, title III, Sec. 344(a), (b)(1), May 20, 1988, 102
Stat. 540; Pub. L. 101-237, title III, Sec. 313(b)(1), (3), title V,
Secs. 501, 504(a), Dec. 18, 1989, 103 Stat. 2077, 2093, 2094; Pub. L.
101-508, title VIII, Sec. 8041(a), Nov. 5, 1990, 104 Stat. 1388-349;
renumbered Sec. 2306 and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug.
6, 1991, 105 Stat. 406; Pub. L. 102-547, Sec. 11(b), Oct. 28, 1992, 106
Stat. 3644; Pub. L. 104-275, title II, Sec. 213(a), (b)(1), Oct. 9,
1996, 110 Stat. 3331, 3332; Pub. L. 105-368, title IV, Secs. 401(a),
(b), 403(c)(2), Nov. 11, 1998, 112 Stat. 3334, 3335, 3338; Pub. L. 107-
103, title V, Sec. 502(a)-(c), Dec. 27, 2001, 115 Stat. 994, 995; Pub.
L. 107-330, title II, Sec. 201(c), Dec. 6, 2002, 116 Stat. 2823.)
Amendments
2002--Subsec. (g). Pub. L. 107-330 added subsec. (g).
2001--Subsec. (a)(5). Pub. L. 107-103, Sec. 502(c), substituted
``chapter 1223'' for ``chapter 67''.
Subsec. (c). Pub. L. 107-103, Sec. 502(b), substituted ``subsection
(a), (b), or (d)'' for ``subsection (a) or (b)''.
Subsecs. (d) to (f). Pub. L. 107-103, Sec. 502(a), added subsec. (d)
and redesignated former subsecs. (d) and (e) as (e) and (f),
respectively.
1998--Subsec. (b). Pub. L. 105-368, Sec. 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.''
Subsec. (d)(1), (2). Pub. L. 105-368, Sec. 403(c)(2), substituted
``under the control of the National Cemetery Administration'' for
``within the National Cemetery System''.
Subsec. (e). Pub. L. 105-368, Sec. 401(b), added subsec. (e).
1996--Pub. L. 104-275, Sec. 213(b)(1), substituted ``burial
receptacles'' for ``grave liners'' in section catchline.
Subsec. (d)(1). Pub. L. 104-275, Sec. 213(a)(1), substituted ``an
outer burial receptacle'' for ``a grave liner'' in two places.
Subsec. (d)(2). Pub. L. 104-275, Sec. 213(a)(2), substituted ``outer
burial receptacles'' for ``grave liners'' and ``regulations or
procedures'' for ``specifications and procedures''.
Subsec. (d)(3), (4). Pub. L. 104-275, Sec. 213(a)(3), added pars.
(3) and (4).
1992--Subsec. (a)(5). Pub. L. 102-547 added par. (5).
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 906 of this
title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2402(4)''
for ``1002(4)'' in par. (2) and ``2402(5)'' for ``1002(5)'' in par. (4).
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2403'' for
``1003'' in concluding provisions.
1990--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.''
1989--Subsecs. (a) to (c). Pub. L. 101-237, Sec. 313(b)(1),
substituted ``Secretary'' for ``Administrator''.
Subsec. (d). Pub. L. 101-237, Sec. 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.
Pub. L. 101-237, Sec. 313(b)(1), substituted ``Secretary'' and
``Secretary's'' for ``Administrator'' and ``Administrator's'',
respectively, wherever appearing.
Subsec. (e)(1). Pub. L. 101-237, Sec. 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.''
Pub. L. 101-237, Sec. 313(b)(1), substituted ``Secretary may
provide'' for ``Administrator may provide''.
Subsec. (e)(2). Pub. L. 101-237, Sec. 313(b)(3), substituted
``Secretary of Veterans Affairs or Secretary of the Army'' for
``Administrator or the Secretary''.
1988--Pub. L. 100-322, Sec. 344(b)(1), substituted ``Headstones,
markers, and grave liners'' for ``Headstones and markers'' in section
catchline.
Subsec. (e). Pub. L. 100-322, Sec. 344(a), added subsec. (e).
1981--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.
1980--Subsec. (a)(4). Pub. L. 96-385 added par. (4).
1978--Subsec. (b). Pub. L. 95-479 struck out ``dying in the service,
and'' after ``to commemorate any veteran''.
Subsecs. (c), (d). Pub. L. 95-476 added subsecs. (c) and (d).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-330 applicable with respect to deaths
occurring on or after Dec. 6, 2002, see section 201(d) of Pub. L. 107-
330, set out as a note under section 112 of this title.
Effective Date of 2001 Amendment
Pub. L. 107-103, title V, Sec. 502(d), Dec. 27, 2001, 115 Stat. 995,
as amended by Pub. L. 107-330, title II, Sec. 203(a), Dec. 6, 2002, 116
Stat. 2824, provided that: ``The amendments made by subsections (a) and
(b) [amending this section] shall apply with respect to markers for the
graves of individuals dying on or after September 11, 2001.''
[Pub. L. 107-330, title II, Sec. 203(b), Dec. 6, 2002, 116 Stat.
2824, provided that: ``The amendment made by subsection (a) [amending
section 502(d) of Pub. L. 107-103, set out above] shall take effect as
if included in the enactment of such section 502.'']
Effective Date of 1998 Amendment
Pub. L. 105-368, title IV, Sec. 401(d), Nov. 11, 1998, 112 Stat.
3335, provided that: ``The amendments made by subsections (a) and (b)
[amending this section] shall apply to deaths occurring after the date
of the enactment of this Act [Nov. 11, 1998].''
Effective Date of 1990 Amendment
Section 8041(b) of Pub. L. 101-508 provided that: ``This section
[amending this section] shall apply to deaths occurring on or after
November 1, 1990.''
Effective Date of 1989 Amendment
Section 504(b) of Pub. L. 101-237 provided that: ``The amendment
made by subsection (a) [amending this section] shall apply to interments
that occur after January 1, 1990.''
Effective Date of 1981 Amendment
Amendment by Pub. L. 97-66 applicable with respect to veterans dying
before, on, or after Oct. 17, 1981, see section 701(b)(6) of Pub. L. 97-
66, set out as a note under section 1114 of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-385 applicable only with respect to
individuals who die after Sept. 30, 1980, see section 601(c) of Pub. L.
96-385, set out as a note under section 1114 of this title.
Effective Date of 1978 Amendments
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-476 effective Oct. 18, 1978, see section
205(a) of Pub. L. 95-476, set out as a note under section 2303 of this
title.
Effective Date
Section 10(c) of Pub. L. 93-43 provided that: ``Clause (2) of
section 5(a) [enacting this section and section 907 [now 2307] of this
title] and sections 6 [enacting provisions set out a note under section
2404 of this title] and 7 [repealing sections 271 to 276, 278 to 279d,
281 to 282, 286 to 290, and 296 of Title 24, Hospitals and Asylums, and
enacting provisions set out as notes under sections 271 to 276 of Title
24] of this Act shall take effect September 1, 1973, or on such earlier
date as the President may prescribe and publish in the Federal
Register.''
Section Referred to in Other Sections
This section is referred to in sections 113, 2403 of this title;
title 46 section 11201.
