US Code

Public Law 119-73 (01/23/2026)

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 ;
(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)
1
1 See References in Text note below.
deceased 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.
(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)
section 101 of this title For the purpose of this section, the term “Mexican border period” as defined in paragraph (30) of includes the period beginning on , and ending on .
(d)
section 1482(a) of title 10 In the case of any person who died while in the active military, naval, air, or space service after , 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 .
(e)
section 2402(a)(6) of this title 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 . 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)
section 10143 of title 10section 1482(a) of title 10 The Secretary shall furnish a flag to drape the casket of each deceased member or former member of the Selected Reserve (as described in ) who is not otherwise eligible for a flag under this section or —
(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)
section 2411(b) of this title A flag may not be furnished under this section in the case of a person described in .
(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.

Pub. L. 85–85772 Stat. 1169Pub. L. 87–24075 Stat. 512Pub. L. 89–358, § 980 Stat. 28Pub. L. 90–77, title IV, § 40281 Stat. 190Pub. L. 91–588, § 9(g)84 Stat. 1585Pub. L. 97–306, title IV, § 402(a)96 Stat. 1442Pub. L. 99–576, title VII, § 701(50)100 Stat. 3295Pub. L. 101–237, title III, § 313(b)(1)103 Stat. 2077Pub. L. 102–54, § 14(b)(20)105 Stat. 284Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 102–547, § 11(a)106 Stat. 3644Pub. L. 105–261, div. A, title V, § 517112 Stat. 2009Pub. L. 107–14, § 8(a)(3)115 Stat. 34Pub. L. 107–330, title II, § 201(b)116 Stat. 2823Pub. L. 111–275, title V, § 502(d)(2)124 Stat. 2883Pub. L. 116–283, div. A, title IX, § 926(a)(35)134 Stat. 3830(, , , § 901; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; renumbered § 2301 and amended , (c)(1), , ; , , ; , title X, § 1073(a), , , 2137; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

Pub. L. 103–337, div. A, title XVI, § 1662(j)(1)108 Stat. 2998section 1662(j)(7) of Pub. L. 103–337Chapter 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 , , . A new chapter 67 (§ 1331) of Title 10 was added by .

Amendments

Pub. L. 116–2832021—Subsecs. (a)(1)(C), (d). substituted “air, or space service” for “or air service”.

Pub. L. 111–2752010—Subsec. (e). substituted “section 2402(a)(6)” for “section 2402(6)”.

Pub. L. 107–3302002—Subsecs. (g), (h). added subsec. (g) and redesignated former subsec. (g) as (h).

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

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

Pub. L. 105–261, § 5171998—Subsec. (f). , added subsec. (f).

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

Pub. L. 102–5471992—Subsec. (a). 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 ;

“(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.”

Pub. L. 102–83, § 5(a)section 901 of this title1991—, renumbered as this section.

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

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

Pub. L. 101–2371989—Subsecs. (a), (d), (e). substituted “Secretary” for “Administrator” wherever appearing.

Pub. L. 99–5761986—Subsec. (b). substituted “the veteran’s” for “his”.

Pub. L. 97–3061982—Subsec. (e). added subsec. (e).

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

Pub. L. 91–588, § 9(g)(2)section 101 of this titleSubsec. (c). , substituted “For the purpose of this section, the term ‘Mexican border period’ as defined in paragraph (30) of includes the period beginning on , and ending on ” for “For the purpose of this section, the term ‘Mexican border service’ means active military, naval, or air service during the period beginning on , and ending on , in Mexico, on the borders thereof, or in the waters adjacent thereto”.

Pub. L. 90–771967—Subsec. (d). added subsec. (d).

Pub. L. 89–3581966—Subsec. (a)(1). required a flag to be furnished to drape the casket of a deceased veteran who served after .

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

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

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275section 2402(a)(9)(B) of this titlesection 502(e) of Pub. L. 111–275section 107 of this titleAmendment by applicable with respect to the death, on or after , of the parent of a person described in , who dies on or after , see , set out as a note under .

Effective Date of 2002 Amendment

Pub. L. 107–330section 201(d) of Pub. L. 107–330section 112 of this titleAmendment by applicable with respect to deaths occurring on or after , see , set out as a note under .

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title X, § 1073(b)112 Stat. 2138

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

Effective Date of 1982 Amendment

Pub. L. 97–306, title IV, § 402(b)96 Stat. 1443

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

Effective Date of 1970 Amendment

Pub. L. 91–588section 10(a) of Pub. L. 91–588section 1521 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1967 Amendment

Pub. L. 90–77section 405 of Pub. L. 90–77section 101 of this titleAmendment by effective first day of first calendar month which begins more than ten days after , see , set out as a note under .