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The law › Title 38, Veterans' Benefits › Chapter 23

38 U.S.C. 2306: Headstones, markers, and burial receptacles

Created in 1973 by Public Law 93-43. Changed by 30 later laws. No bill we track in this Congress changes it.

1 other section of the Code cite this one, including 38 U.S.C. 2403.

1 part of federal rules cite it as their authority, written by Department of Veterans Affairs (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2025

    • Pub. L. 118–271 substituted "September 30, 2032" for "September 30, 2025". Law text · (b), (C)

    2024

    • Pub. L. 118–83 substituted "September 30, 2025" for "October 1, 2024". (Continuing Appropriations and Extensions Act, 2025) Law text · (b), (C)
    • 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;". Law text · (d)
    • 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). Law text · (d)
    • Pub. L. 118–134, §2(a)(2), inserted "(except that subparagraph (B)(i) of such paragraph shall not apply)" after "paragraph (4)". Law text · (d)
    • Pub. L. 118–134, §2(a)(3), redesignated cl. (iii) as (ii). Law text · (d)
    • Pub. L. 118–134, §2(b), substituted "section 2732" for "section 491". Law text · (d)

    2021

    • Pub. L. 116–283 substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
    • 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". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (e)
    • Pub. L. 116–315, §2203(a)(1)(B), substituted "may" for "shall". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (e)
    • 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… (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (e)
    • Pub. L. 116–283 substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (g)
    • Pub. L. 116–315, §2207(a)(2), added subsec. (h). Former subsec. (h) redesignated (i). (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (h)
    • Pub. L. 116–315, §2207(a)(1), redesignated subsecs. (h) and (i) as (i) and (j), respectively. Former subsec. (j) redesignated (k). (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (i), (j)
    • Pub. L. 116–315, §2204(a), added subsec. (i) and redesignated former subsec. (i) as (j). (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (i), (j)
    • Pub. L. 116–315, §2207(a)(1), redesignated subsec. (j) as (k). (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (k)

    2018

    • 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". (Veterans Benefits and Transition Act of 2018) Law text · (a)
    • 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". (Veterans Benefits and Transition Act of 2018) Law text · (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… (Veterans Benefits and Transition Act of 2018) Law text · (b)
    • Pub. L. 115–136, §1(1), substituted "An individual who dies on or after November 11, 1998, who is the" for "The". Law text · (b)
    • 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 … (Veterans Benefits and Transition Act of 2018) Law text · (b)
    • Pub. L. 115–136, §1(2), substituted "An individual who dies on or after November 11, 1998, who is an" for "An". Law text · (b)
    • Pub. L. 115–232 substituted "section 7271, 8291, or 9271 of title 10" for "section 3741, 6241, or 8741 of title 10". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (d), (D)
    • Pub. L. 115–184, §2(1), designated first sentence as subpar. (A) and second sentence as subpar. (B) and added subpar. (C). Law text · (e)
    • 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 Ar… Law text · (e)
    • 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, … Law text · (e)
    • 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 Sec… Law text · (e)
    • 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 whic… (Veterans Benefits and Transition Act of 2018) Law text · (f)
    • Pub. L. 115–407, §201(4), added subsec. (i). (Veterans Benefits and Transition Act of 2018) Law text · (i)

    2016

    • 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 … (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (d)
    • Pub. L. 114–315, §301(2), added par. (5). (Jeff Miller and Richard Blumenthal Veterans Health Care and Benefits Improvement Act of 2016) Law text · (d)
    • 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 v… Law text · (f)
    • Pub. L. 114–273, §2(2), substituted "such burial" for "the burial of the veteran in a national cemetery". Law text · (f)

    2013

    • Pub. L. 112–260, §101(a)(1), (2), added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively. (Dignified Burial and Other Veterans' Benefits Improvement Act of 2012) Law text · (f), (g), (h)
    • Pub. L. 112–260, §101(a)(3), added par. (4). (Dignified Burial and Other Veterans' Benefits Improvement Act of 2012) Law text · (h)

    2010

    • Pub. L. 111–275, §502(d)(3)(A), substituted "section 2402(a)(4)" for "section 2402(4)". (Veterans' Benefits Act of 2010) Law text · (a)
    • Pub. L. 111–275, §502(d)(3)(B), substituted "section 2402(a)(5)" for "section 2402(5)". (Veterans' Benefits Act of 2010) Law text · (a)

    2008

    • 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". (Veterans' Benefits Improvement Act of 2008) Law text · (b)

    2007

    • 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." Law text · (d), (4)
    • Pub. L. 110–157, §203(a)(2), redesignated par. (5) as (4). Law text · (d)
    • Pub. L. 110–157, §201, added par. (5). Law text · (d)

    2006

    • Pub. L. 109–461, §401(a)(1), added subpar. (C). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
    • Pub. L. 109–461, §401(a)(2), added par. (5). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (b)
    • 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… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • Pub. L. 109–461, §402(b)(1)(A)(i), substituted "Government headstone or marker" for "Government marker" in first sentence. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • 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. (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • 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… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • Pub. L. 109–461, §402(a), substituted "December 31, 2007" for "December 31, 2006". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • 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. Law text · (d)
    • Pub. L. 109–461, §402(f), added par. (4). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • 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 th… (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (d)
    • Pub. L. 109–461, §401(b), inserted "or eligible dependent child" after "surviving spouse" in pars. (1) and (2). (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (f)
    • Pub. L. 109–461, §402(b)(2), inserted "headstone or" before "marker". (Veterans Benefits, Health Care, and Information Technology Act of 2006) Law text · (g)

    2002

    • Pub. L. 107–330 added subsec. (g). (Veterans Benefits Act of 2002) Law text · (g)

    2001

    • Pub. L. 107–103, §502(c), substituted "chapter 1223" for "chapter 67". (Veterans Education and Benefits Expansion Act of 2001) Law text · (a)
    • Pub. L. 107–103, §502(b), substituted "subsection (a), (b), or (d)" for "subsection (a) or (b)". (Veterans Education and Benefits Expansion Act of 2001) Law text · (c)
    • Pub. L. 107–103, §502(a), added subsec. (d) and redesignated former subsecs. (d) and (e) as (e) and (f), respectively. (Veterans Education and Benefits Expansion Act of 2001) Law text · (d), (e), (f)

    1998

    • 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— (Veterans Programs Enhancement Act of 1998) Law text · (b)
    • Pub. L. 105–368, §403(c)(2), substituted "under the control of the National Cemetery Administration" for "within the National Cemetery System". (Veterans Programs Enhancement Act of 1998) Law text · (d), (2)
    • Pub. L. 105–368, §401(b), added subsec. (e). (Veterans Programs Enhancement Act of 1998) Law text · (e)

    1996

    • Pub. L. 104–275, §213(b)(1), substituted "burial receptacles" for "grave liners" in section catchline. (Veterans' Benefits Improvements Act of 1996) Law text
    • Pub. L. 104–275, §213(a)(1), substituted "an outer burial receptacle" for "a grave liner" in two places. (Veterans' Benefits Improvements Act of 1996) Law text · (d)
    • Pub. L. 104–275, §213(a)(2), substituted "outer burial receptacles" for "grave liners" and "regulations or procedures" for "specifications and procedures". (Veterans' Benefits Improvements Act of 1996) Law text · (d)
    • Pub. L. 104–275, §213(a)(3), added pars. (3) and (4). (Veterans' Benefits Improvements Act of 1996) Law text · (d), (4)

    1992

    • Pub. L. 102–547 added par. (5). · (a)

    1991

    • Pub. L. 102–83, §5(a), renumbered section 906 of this title as this section.
    • 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). · (a)
    • Pub. L. 102–83, §5(c)(1), substituted "2403" for "1003" in concluding provisions. · (b)

    1990

    • 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 circumstan… · (d), (e)

    1989

    • Pub. L. 101–237, §313(b)(1), substituted "Secretary" for "Administrator". · (a), (b), (c)
    • 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 o… · (d)
    • Pub. L. 101–237, §313(b)(1), substituted "Secretary" and "Secretary's" for "Administrator" and "Administrator's", respectively, wherever appearing. · (d)
    • 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." · (e)
    • Pub. L. 101–237, §313(b)(1), substituted "Secretary may provide" for "Administrator may provide". · (e)
    • Pub. L. 101–237, §313(b)(3), substituted "Secretary of Veterans Affairs or Secretary of the Army" for "Administrator or the Secretary". · (e)

    1988

    • Pub. L. 100–322, §344(b)(1), substituted "Headstones, markers, and grave liners" for "Headstones and markers" in section catchline.
    • Pub. L. 100–322, §344(a), added subsec. (e). · (e)

    1981

    • 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. · (b)

    1980

    • Pub. L. 96–385 added par. (4). · (a)

    1978

    • Pub. L. 95–479 struck out "dying in the service, and" after "to commemorate any veteran". · (b)
    • Pub. L. 95–476 added subsecs. (c) and (d). · (c), (d)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.