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38 U.S.C. § 2301 — Flags

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2301 — Flags

**(a)** The Secretary shall furnish a flag to drape the casket of each— (1) deceased veteran who— (A) was a veteran of any war, or of service after January 31, 1955; (B) had served at least one enlistment; or (C) had been discharged or released from the active military, naval, air, or space service for a disability incurred or aggravated in line of duty; and (2) deceased individual who at the time of death was entitled to retired pay under chapter 67 11 See References in Text note below. of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. **(b)** After the burial of the veteran the flag so furnished shall be given to the veteran’s next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran. **(c)** For the purpose of this section, the term “Mexican border period” as defined in paragraph (30) of [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim) includes the period beginning on January 1, 1911, and ending on May 8, 1916. **(d)** In the case of any person who died while in the active military, naval, air, or space service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or under [section 1482(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-pr

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2301

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Stable record: federal_law:legal_authorities:record_usc_180c95f7ee6381c47ff82c4d
Source file: Laws/federal/codes/united-states-code/title-38/section-2301-flags--cb057c089e.md
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Passage SHA-256: 9797f3b5bc3416638dbfc3f17bbee58f738f67e514e6f8394f43eaabeb59c60b

Source location: Title 38, Chapter 23, § 2301; chapter-023-burial-benefits.md

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**(a)** The Secretary shall furnish a flag to drape the casket of each— (1) deceased veteran who— (A) was a veteran of any war, or of service after January 31, 1955; (B) had served at least one enlistment; or (C) had been discharged or released from the active military, naval, air, or space service for a disability incurred or aggravated in line of duty; and (2) deceased individual who at the time of death was entitled to retired pay under chapter 67 11 See References in Text note below. of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. **(b)** After the burial of the veteran the flag so furnished shall be given to the veteran’s next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran. **(c)** For the purpose of this section, the term “Mexican border period” as defined in paragraph (30) of [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim) includes the period beginning on January 1, 1911, and ending on May 8, 1916. **(d)** In the case of any person who died while in the active military, naval, air, or space service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section or under [section 1482(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1482/a&num=0&edition=prelim). **(e)** The Secretary shall furnish a flag to drape the casket of each deceased person who is buried in a national cemetery by virtue of eligibility for burial in such cemetery under [section 2402(a)(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a/6&num=0&edition=prelim). After the burial, the flag shall be given to the next of kin or to such other person as the Secretary considers appropriate. **(f)** (1) The Secretary shall furnish a flag to drape the casket of each deceased member or former member of the Selected Reserve (as described in [section 10143 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10143&num=0&edition=prelim)) who is not otherwise eligible for a flag under this section or [section 1482(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1482/a&num=0&edition=prelim)— (A) who completed at least one enlistment as a member of the Selected Reserve or, in the case of an officer, completed the period of initial obligated service as a member of the Selected Reserve; (B) who was discharged before completion of the person’s initial enlistment as a member of the Selected Reserve or, in the case of an officer, period of initial obligated service as a member of the Selected Reserve, for a disability incurred or aggravated in line of duty; or (C) who died while a member of the Selected Reserve. (2) A flag may not be furnished under subparagraph (A) or (B) of paragraph (1) in the case of a person whose last discharge from service in the Armed Forces was under conditions less favorable than honorable. (3) After the burial, a flag furnished under paragraph (1) shall be given to the next of kin or to such other person as the Secretary considers appropriate. **(g)** A flag may not be furnished under this section in the case of a person described in [section 2411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim). **(h)** (1) The Secretary may not procure any flag for the purposes of this section that is not wholly produced in the United States. (2) (A) The Secretary may waive the requirement of paragraph (1) if the Secretary determines— (i) that the requirement cannot be reasonably met; or (ii) that compliance with the requirement would not be in the national interest of the United States. (B) The Secretary shall submit to Congress in writing notice of a determination under subparagraph (A) not later than 30 days after the date on which such determination is made. (3) For the purpose of paragraph (1), a flag shall be considered to be wholly produced in the United States only if— (A) the materials and components of the flag are entirely grown, manufactured, or created in the United States; (B) the processing (including spinning, weaving, dyeing, and finishing) of such materials and components is entirely performed in the United States; and (C) the manufacture and assembling of such materials and components into the flag is entirely performed in the United States.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1521 — Veterans of a period of war

**(a)** The Secretary shall pay to each veteran of a period of war who meets the service requirements of this section (as prescribed in subsection (j) of this section) and who is permanently and totally disabled from non-service-connected disability not the result of the veteran’s willful misconduct, pension at the rate prescribed by this section, as increased from time to time under [section 5312 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5312&num=0&edition=prelim). **(b)** If the veteran is unmarried (or married but not living with or reasonably contributing to the support of such veteran’s spouse) and there is no child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, and unless the veteran is entitled to pension at the rate provided by subsection (d)(1) or (e) of this section, pension shall be paid to the veteran at the annual rate of $11,830, reduced by the amount of the veteran’s annual income. **(c)** If the veteran is married and living with or reasonably contributing to the support of such veteran’s spouse, or if there is a child of the veteran in the custody of the veteran or to whose support the veteran is reasonably contributing, pension shall be paid to the veteran at the annual rate of $15,493, unless the veteran is entitled to pension at the rate provided by subsection (d)(2), (e), or (f) of this section. If the veteran has two or more such family members, such annual rate shall be increased by $2,020 for each such family member in excess of one. The rate payable shall be reduced by the amount of the veteran’s annual income and, subject to subsection (h)(1) of this section, the amount of annual income of such family members. **(d)** (1) If the vetera

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1521

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 107 — Certain service deemed not to be active service

**(a)** Service before July 1, 1946, in the organized military forces of the Government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the United States, shall not be deemed to have been active military, naval, or air service for the purposes of any law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the Armed Forces, except benefits under— (1) contracts of National Service Life Insurance entered into before February 18, 1946; (2) chapter 10 of title 37; and (3) chapters 11, 13 (except section 1312(a)), 23, and 24 (to the extent provided for in section 2402(a)(8)) of this title. Except as provided in subsection (c) or (d), payments under such chapters shall be made at a rate of $0.50 for each dollar authorized, and where annual income is a factor in entitlement to benefits, the dollar limitations in the law specifying such annual income shall apply at a rate of $0.50 for each dollar. Any payments made before February 18, 1946, to any such member under such laws conferring rights, benefits, or privileges shall not be deemed to have been invalid by reason of the circumstance that such member’s service was not service in the Armed Forces or any component thereof within the meaning of any such law. **(b)** Service in the Philippine Scouts under section 14 of the Armed Forces Voluntary Recruitment Act o

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 107

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 10143 — Ready Reserve: Selected Reserve

**(a)** Within the Ready Reserve of each of the reserve components there is a Selected Reserve. The Selected Reserve consists of units, and, as designated by the Secretary concerned, of Reserves, trained as prescribed in [section 10147(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10147/a/1&num=0&edition=prelim) or [section 502(a) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/a&num=0&edition=prelim), as appropriate. **(b)** The organization and unit structure of the Selected Reserve shall be approved— (1) in the case of all reserve components other than the Coast Guard Reserve, by the Secretary of Defense based upon recommendations from the military departments as approved by the Chairman of the Joint Chiefs of Staff in accordance with contingency and war plans; and (2) in the case of the Coast Guard Reserve, by the Secretary of Homeland Security upon the recommendation of the Commandant of the Coast Guard.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 10143

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 901 — Authority to prescribe rules for conduct and penalties for violations

**(a)** (1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property. (2) In this chapter, the term “Department property” means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. **(b)** Regulations under subsection (a) shall include— (1) rules for conduct on Department property; and (2) the penalties, within the limits specified in subsection (c), for violations of such rules. **(c)** Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. **(d)** The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. **(e)** The Secretary shall consult with the Attorney General before prescribing regulations under this section. **(f)** (1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary. (2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and ac

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 901

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 101 — Definitions

For the purposes of this title— (1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively. (2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable. (3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (4) (A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and— (i) who is under the age of eighteen years; (ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or (iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution; and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 112 — Presidential memorial certificate program

**(a)** At the request of the President the Secretary may conduct a program for honoring the memory of deceased persons eligible for burial in a national cemetery by reason of any of paragraphs (1), (2), (3), or (7) of [section 2402(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a&num=0&edition=prelim), by preparing and sending to eligible recipients a certificate bearing the signature of the President and expressing the country’s grateful recognition of the deceased individual’s service in the Armed Forces. The award of a certificate to one eligible recipient will not preclude authorization of another certificate if a request is received from some other eligible recipient. **(b)** For the purpose of this section an “eligible recipient” means the next of kin, a relative or friend upon request, or an authorized service representative acting on behalf of such relative or friend. **(c)** A certificate may not be furnished under the program under subsection (a) on behalf of a deceased person described in [section 2411(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 112

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2301 — Flags

Page 606 TITLE 38—VETERANS’ BENEFITS § 2301 1 See References in Text note below. 1973—Pub. L. 93–43, § 5(b), June 18, 1973, 87 Stat. 81, in- serted ‘‘; plot allowance’’ in item 903 and added items 906 and 907. § 2301. Flags (a) The Secretary shall furnish a flag to drape the casket of each— (1) deceased veteran who— (A) was a veteran of any war, or of service after January 31, 1955; (B) had served at least one enlistment; or (C) had been discharged or released from the active military, naval, air, or space serv- ice for a disability incurred or aggravated in line of duty; and (2) deceased individual who at the time of death was entitled to retired pay under chap- ter 67 1 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. (b) After the burial of the veteran the flag so furnished shall be given to the veteran’s next of kin. If no claim is made for the flag by the next of kin, it may be given, upon request, to a close friend or associate of the deceased veteran. If a flag is given to a close friend or associate of the deceased veteran, no flag shall be given to any other person on account of the death of such veteran. (c) For the purpose of this section, the term ‘‘Mexican border period’’ as defined in paragraph (30) of section 101 of this title includes the pe- riod beginning on January 1, 1911, and ending on May 8, 1916. (d) In the case of any person who died while in the active military, naval, air, or space service after May 27, 1941, the Secretary shall furnish a flag to the next of kin, or to such other person as the Secretary considers most appropriate, if such next of kin or other person is not otherwise entitled to receive a flag under this section o

Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 2301

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