38 USC 2301 - Flags

1 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.

Editorial Notes

References in Text

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

Amendments

2021—Subsecs. (a)(1)(C), (d). Puspan. L. 116–283 substituted “air, or space service” for “or air service”.

2010—Subsec. (e). Puspan. L. 111–275 substituted “section 2402(a)(6)” for “section 2402(6)”.

2002—Subsecs. (g), (h). Puspan. L. 107–330 added subsec. (g) and redesignated former subsec. (g) as (h).

2001—Subsec. (f)(1). Puspan. L. 107–14, § 8(a)(3)(A), directed the substitution of “(as described in section” for “(as described in section” in introductory provisions, requiring no change in text.

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

1998—Subsec. (f). Puspan. L. 105–261, § 517, added subsec. (f).

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

1992—Subsec. (a). Puspan. L. 102–547 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The Secretary shall furnish a flag to drape the casket of each deceased veteran who—

“(1) was a veteran of any war, or of service after January 31, 1955;

“(2) had served at least one enlistment; or

“(3) had been discharged or released from the active military, naval, or air service for a disability incurred or aggravated in line of duty.”

1991—Puspan. L. 102–83, § 5(a), renumbered section 901 of this title as this section.

Subsec. (d). Puspan. L. 102–54 substituted “considers” for “deems”, struck out comma after “this section”, and struck out “, United States Code” after “title 10”.

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

1989—Subsecs. (a), (d), (e). Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1986—Subsec. (span). Puspan. L. 99–576 substituted “the veteran’s” for “his”.

1982—Subsec. (e). Puspan. L. 97–306 added subsec. (e).

1970—Subsec. (a). Puspan. L. 91–588, § 9(g)(1), struck out reference to the Mexican border service.

Subsec. (c). Puspan. L. 91–588, § 9(g)(2), substituted “For the purpose of this section, the term ‘Mexican border period’ as defined in paragraph (30) of section 101 of this title includes the period beginning on January 1, 1911, and ending on May 8, 1916” for “For the purpose of this section, the term ‘Mexican border service’ means active military, naval, or air service during the period beginning on January 1, 1911, and ending on April 5, 1917, in Mexico, on the borders thereof, or in the waters adjacent thereto”.

1967—Subsec. (d). Puspan. L. 90–77 added subsec. (d).

1966—Subsec. (a)(1). Puspan. L. 89–358 required a flag to be furnished to drape the casket of a deceased veteran who served after Jan. 31, 1955.

1961—Subsec. (a). Puspan. L. 87–240, § 1(1), inserted “or of Mexican border service” after “veteran of any war”.

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

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–275 applicable with respect to the death, on or after Oct. 13, 2010, of the parent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Puspan. L. 111–275, set out as a note under section 107 of this title.

Effective Date of 2002 Amendment

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

Effective Date of 1998 Amendment

Puspan. L. 105–261, div. A, title X, § 1073(span), Oct. 17, 1998, 112 Stat. 2138, provided that:

“Subsection (g) of section 2301 of title 38, United States Code, as added by subsection (a), shall apply to flags procured by the Secretary of Veterans Affairs for the purposes of section 2301 of title 38, United States Code, after the end of the 30-day period beginning on the date of the enactment of this Act [Oct. 17, 1998].”

Effective Date of 1982 Amendment

Puspan. L. 97–306, title IV, § 402(span), Oct. 14, 1982, 96 Stat. 1443, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to burials after September 30, 1982.”

Effective Date of 1970 Amendment

Amendment by Puspan. L. 91–588 effective Jan. 1, 1971, see section 10(a) of Puspan. L. 91–588, set out as a note under section 1521 of this title.

Effective Date of 1967 Amendment

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