PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105. Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted. § 38.600 Definitions. (a) The following definitions apply to this part: Appropriate State official Clear and convincing evidence Convicted Federal capital crime Interment Life imprisonment Memorialization Personal representative State capital crime (b) Other terms not defined in paragraph (a) of this section may be defined within and be applicable to other sections throughout this part. (Authority: 38 U.S.C. 2404, 2411) [86 FR 43097, Aug. 6, 2021; 86 FR 47387, Aug. 25, 2021, as amended at 89 FR 40391, May 10, 2024] § 38.601 Advisory Committee on Cemeteries and Memorials. Responsibilities in connection with Committee authorized by 38 U.S.C. chapter 24 are as follows: (a) The Under Secretary for Memorial Affairs will schedule the frequency of meetings, make presentations before the Committee, participate when requested by the Committee, evaluate Committee reports and recommendations and make recommendations to the Secretary based on Committee actions. (b) The Committee will evaluate and study cemeterial, memorial and burial benefits proposals or problems submitted by the Secretary or Under Secretary for Memorial Affairs, and make recommendations as to course of action or solution. Reports and recommendations will be submitted to the Secretary for transmission to Congress. § 38.603 Gifts and donations. (a) Gifts and donations will be accepted only after it has been determined that the donor has a clear understanding that title thereto passes to, and is vested in, the United States, and that the donor relinquishes all control over the future use or disposition of the gift or donation, with the following exceptions: (1) Carillons will be accepted with the condition that the donor will provide the maintenance and the operator or the mechanical means of operation. The time of operation and the maintenance will be coordinated with the superintendent of the national cemetery. (2) Articles donated for a specific purpose and which are usable only for that purpose may be returned to the donor if the purpose for which the articles were donated cannot be accomplished. (3) If the donor directs that the gift is donated for a particular use, those directions will be carried out insofar as they are proper and practicable and not in violation of Department of Veterans Affairs policy. (4) When considered appropriate and not in conflict with the purpose of the national cemetery, the donor may be recognized by a suitable inscription on those gifts. In no case will the inscription give the impression that the gift is owned by, or that its future use is controlled by, the donor. Any tablet or plaque, containing an inscription will be of such size and design as will harmonize with the general nature and design of the gift. (b) The Under Secretary of Memorial Affairs, or his designee, may solicit gifts and donations, which include monetary donations, in-kind goods and services, and personal property, or authorize the use of their names, the name of the Secretary, or the name of the Department of Veterans Affairs by an individual or organization in any campaign or drive for donation of money or articles to the Department of Veterans Affairs for the purpose of beautifying, or for the benefit of, one or more national cemeteries. Authority: 38 U.S.C. 2407. [70 FR 4769, Jan. 31, 2005, as amended at 81 FR 44795, July 11, 2016] § 38.617 Prohibition of interment or memorialization of persons who committed certain Federal or State crimes. (a) Persons prohibited. (1) A person identified to the Secretary of Veterans Affairs by the United States Attorney General, prior to approval of interment or memorialization, as an individual who has been convicted of a Federal capital crime, and whose conviction is final, other than a person whose sentence was commuted by the President. (2) A person identified to the Secretary of Veterans Affairs by an appropriate State official, prior to approval of interment or memorialization, as an individual who has been convicted of a State capital crime, and whose conviction is final, other than a person whose sentence was commuted by the Governor of a State. (3) A person found under procedures specified in § 38.618 to have committed a Federal or State capital crime but avoided conviction of such crime by reason of unavailability for trial due to death or flight to avoid prosecution. (4) A person identified to the Secretary of Veterans Affairs, by the United States Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime, as an individual who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901, et seq. (5) A person found, under procedures specified in § 38.618, to have committed a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq. (b) Notice. (c) Receipt of notification. (d) Decision where notification previously received. (e) Inquiry. (i) The United States Attorney General, requesting notification of whether the deceased has been convicted of a Federal capital crime or sex offense as referred to in paragraph (a)(1) or (4) of this section; or (ii) An appropriate State official, requesting notification of whether the deceased has been convicted of a State capital crime or sex offense as referred to in paragraph (a)(2) or (4) of this section. (2) The Under Secretary for Memorial Affairs, or his or her designee, will defer decision on whether to approve interment or memorialization until after a response is received from the Attorney General or appropriate State official. (f) Decision after inquiry. (g) Notice of decision. (Authority: 38 U.S.C. 512, 2411, 7105) [70 FR 4769, Jan. 31, 2005, as amended at 73 FR 35352, June 23, 2008; 84 FR 5954, Feb. 25, 2019; 89 FR 31638, Apr. 25, 2024] § 38.618 Findings concerning commission of a capital crime or certain sex offenses where a person has not been convicted due to death or flight to avoid prosecution. (a) Inquiry. et seq. (b) Decision approving request without a proceeding or termination of a claim by personal representative without a proceeding. et seq. (2) If the personal representative elects for burial at a location other than a VA national cemetery, or makes alternate arrangements for burial at a location other than a VA national cemetery, the request for interment or memorialization will be considered withdrawn and action on the request will be terminated. (c) Initiation of a proceeding. et seq. (2) The notice of procedural options will inform the personal representative that he or she may, within 15 days of receipt of the notice: (i) Request a hearing on the matter; (ii) Submit a written statement, with or without supporting documentation, for inclusion in the record; (iii) Waive a hearing and submission of a written statement and have the matter forwarded immediately to the Under Secretary for Memorial Affairs for a finding; or (iv) Notify the cemetery director that the personal representative is withdrawing the request for interment or memorialization, thereby, closing the claim. (3) The notice of procedural options will also inform the personal representative that, if he or she does not exercise one or more of the stated options within the prescribed period, the matter will be forwarded to the Under Secretary for Memorial Affairs for a finding based on the existing record. (d) Hearing. (e) Decision of approval or referral for a finding after a proceeding. (1) If the cemetery director determines that it has not been established by clear and convincing evidence that the deceased committed a Federal or State capital crime or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq. (2) If the cemetery director believes that there is clear and convincing evidence that the deceased committed a Federal or State capital crime or a Federal or State crime that would cause the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901 et seq. (f) Finding by the Under Secretary for Memorial Affairs. et seq. (g) Decision after finding. (h) Notice of decision. (Authority: 38 U.S.C. 512, 2411) [70 FR 4769, Jan. 31, 2005, as amended at 89 FR 31638, Apr. 25, 2024] § 38.619 Requests for interment, committal services or memorial services, and funeral honors. (a) Interment requests. (1) Required information. (i) Documentation of the decedent's eligibility for national cemetery interment. If needed, VA will make reasonable efforts to assist the personal representative in obtaining such documentation; (ii) Preferred date and time for the interment; (iii) Whether a committal service is requested (a committal service is not required); (iv) Whether the remains are in a casket or urn. For cremated remains, the personal representative will be advised to present a certificate of cremation or other documentation sufficient to identify the decedent at the time of interment. (v) The size of the casket or urn. (vi) The contact information for the personal representative. (vii) Whether a private vault will be provided to the national cemetery or a government-furnished grave liner is required. (viii) Whether the personal representative intends to have funeral honors during the committal service, if the decedent is a veteran. (ix) Other relevant information necessary to establish or confirm eligibility of the decedent and/or for cemetery logistics and planning. (2) Interment requests pursuant to § 38.620(j). (A) For decedents who were naturalized under section 2(1) of the Hmong Veterans Naturalization Act of 2000 (the Act), a copy of the official U.S. Certificate of Naturalization. (VA will verify with the U.S. Citizenship and Immigration Services that the naturalization was pursuant to section 2(1) of the Act.) (B) For decedents who were otherwise naturalized, a copy of the U.S. Certificate of Naturalization and documentation of the decedent's honorable service with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time between February 28, 1961, and May 7, 1975. (C) For decedents who were not naturalized but were lawfully admitted for permanent residence in the U.S., a copy of the official documentation of status as a lawful permanent resident, and documentation of the decedent's honorable service with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time between February 28, 1961, and May 7, 1975. (D) Evidence that the decedent resided in the U.S. at the time of death. (ii) VA will accept the following types of documentation as evidence of service described in paragraphs (a)(2)(i)(B) and (C) of this section: (A) Original documentation issued by a government agency officially documenting the service type, location, and dates served; (B) An affidavit of the decedent's superior officer attesting to the type of service, location, and dates served; (C) Two affidavits from other individuals who were also serving with such a special guerilla unit or irregular forces and who personally knew of the decedent's service; or (D) Other appropriate evidence that factually documents the service, location, and dates served. (iii) The DD Form 214, Certificate of Release or Discharge from Active Duty, is not an appropriate documentation of service for purposes of paragraphs (a)(2)(i)(B) and (C) of this section. (b) Memorial services requests. (1) Documentation of the decedent's eligibility for national cemetery interment. If needed, VA will make reasonable efforts to assist the personal representative in obtaining such documentation; (2) Preferred date and time for the memorial service; (3) The contact information for the personal representative; (4) Whether the personal representative intends to have funeral honors services during the memorial service, if the decedent is a veteran; (5) Other relevant information necessary to establish or confirm eligibility of the decedent and/or for cemetery logistics and planning. (c) Content of committal or memorial services. (d) Location of services. (1) The service is requested by the decedent's personal representative for religious reasons; and (2) The request is made sufficiently prior to the scheduled committal service to ensure the gravesite is accessible; and (3) The cemetery director has sufficient staffing resources for the gravesite service, and (4) The site can be safely accessed on the day of the service. (e) Witnessing interment without additional services. (1) The timing of the request provides sufficient time to ensure the gravesite is accessible, and; (2) The site can be safely accessed on the day of the interment. This determination may require limiting the number of individuals who may witness the interment and other logistics, such as distance from the gravesite, as the cemetery director finds necessary. (f) Funeral honors List of organizations providing funeral honors. (2) Request required. (3) Agreement. (4) Requirements for all funeral honors providers. (i) Provide to the cemetery director the name and contact information of a representative for the organization who is accountable for funeral honors activities; and (ii) Comply with VA security, safety, and law enforcement regulations under 38 CFR 1.218; and (iii) Maintain and operate any equipment in a safe manner consistent with VA and DoD policies and regulations; and (iv) Not solicit for or accept donations on VA property except as authorized under 38 CFR 1.218(a)(8). (5) Additional requirements for non-DoD funeral honors providers. (i) They will comply with the requirements in subparagraphs (f)(4) of this section; (ii) They are conducting activities on federal property as an independent entity, not as an agent or employee of VA, unless registered as a VA volunteer; (iii) Members of the organization who will conduct the funeral honors have completed training on funeral honors tasks and the safe use of funeral honors equipment; and (iv) The funeral honors will be provided in accordance with the agreement in paragraph (f)(3) of this section between the personal representative and the funeral honors provider. (g) Public areas. (h) Gifts. (Authority: 38 U.S.C. 2402, 2404) [84 FR 38557, Aug. 7, 2019, as amended at 88 FR 51238, Aug. 3, 2023] § 38.620 Persons eligible for burial. The following is a list of those individuals who are eligible for burial in a national cemetery: (a) Any veteran (which for purposes of this section includes a person who died in the active military, naval, or air service). (b) Any member of a Reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while such member is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States. (c) Any Member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while such member is— (1) Attending an authorized training camp or on an authorized practice cruise; (2) Performing authorized travel to or from that camp or cruise; or (3) Hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while such member is— (i) Attending that camp or on that cruise; (ii) Performing that travel; or (iii) Undergoing that hospitalization or treatment at the expense of the United States. (d) Any person who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, whose last such service terminated honorably, and who was a citizen of the United States at the time of entry on such service and at the time of his or her death. (e) The spouse, surviving spouse, minor child, or unmarried adult child of a person eligible under paragraph (a), (b), (c), (d), or (g) of this section. For purposes of this section— (1) A surviving spouse includes a surviving spouse who had a subsequent remarriage; (2) A minor child means an unmarried child under 21 years of age, or under 23 years of age if pursuing a full-time course of instruction at an approved educational institution; and (3) An unmarried adult child means a child who became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution. (f) Such other persons or classes of persons as may be designated by the Secretary. (g) Any person who at the time of death was entitled to retired pay under chapter 1223 of title 10, United States Code, or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. (h) Any person who: (1) Was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States at the time of their death; and (2) Resided in the United States at the time of their death; and (3) Either was a— (i) Commonwealth Army veteran or member of the organized guerillas—a person who served 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 organized guerilla 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, and who died on or after November 1, 2000; or (ii) New Philippine Scout—a person who enlisted between October 6, 1945, and June 30, 1947, with the Armed Forces of the United States with the consent of the Philippine government, pursuant to section 14 of the Armed Forces Voluntary Recruitment Act of 1945, and who died on or after December 16, 2003. (i)(1) Any biological or legally adoptive parent who dies on or after October 13, 2010, and whose deceased child: (i) Is a veteran who dies on or after October 7, 2001, and (A) Except as provided in paragraph (i)(2) of this section, dies as the direct result of hostile action with the enemy, while in combat, while in transit to or from a combat mission if the cause of death is directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat; or (B) Is killed mistakenly or accidentally by friendly fire that was directed at a hostile force or what was thought to be a hostile force; or (C) Died from a training-related injury while performing authorized training activities in preparation for a combat mission; (ii) Is interred in a national cemetery; and (iii) Has no spouse or child who is buried, or surviving spouse or child who, upon death, may be eligible for burial, in a national cemetery under paragraph (e) of this section. (2) A parent is not eligible for burial if the veteran dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the veteran was in an absent-without-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a place of duty. (3)(i) A parent may be buried only within the veteran child's gravesite. (ii) No more than two parents are eligible for burial per deceased veteran child. (4) Parent burial eligibility is subject to a determination by the Secretary that there is available space within the veteran's gravesite. (j) Any individual who: (1) Died on or after March 23, 2018; and (2) Resided in the United States at the time of their death; and (3) Either: (i) Was naturalized pursuant to section 2(1) of the Hmong Veterans' Naturalization Act of 2000 (Pub. L. 106-207, 114 Stat. 316; 8 U.S.C. 1423 note); or (ii) Served honorably with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time between February 28, 1961, and May 7, 1975; and was, at the time of the individual's death, a citizen of the United States or an alien lawfully admitted for permanent residence in the United States. (k) The spouse, minor child, and unmarried adult 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 spouse's or child's death if such death occurs before October 1, 2024. Paragraphs (e)(2) and (3) of this section provide the applicable definitions for “minor child” and “unmarried adult child.” Note 1 to § 38.620: A benefit request pertaining to a decedent whose character of discharge may potentially bar eligibility to that benefit may be referred to the Veterans Benefits Administration for review in accordance with 38 CFR 3.12 (Character of discharge) or other applicable sections. (Authority: 38 U.S.C. 107, 501, 2402) [70 FR 4769, Jan. 31, 2005, as amended at 77 FR 4678, Jan. 31, 2012; 86 FR 43098, Aug. 6, 2021; 86 FR 52077, Sept. 20, 2021; 88 FR 51238, Aug. 3, 2023] § 38.621 Disinterments. (a) Interments of eligible decedents in national cemeteries are considered permanent and final. Disinterment will be permitted only for cogent reasons and with the prior written authorization of the National Cemetery District Executive Director or Cemetery Director responsible for the cemetery involved. Disinterment from a national cemetery will be approved only when: (1) A court order or State instrumentality of competent jurisdiction directs the disinterment; or (2) All living immediate family members of the decedent, and the individual who initiated the interment (whether or not the individual is a member of the immediate family), give their written consent. (i) If the individual who initiated the interment does not consent, or is not alive to provide consent, or all living immediate family members are not in agreement, anyone seeking disinterment of an eligible decedent must provide VA with an order from a court or State instrumentality of competent jurisdiction to direct the disinterment as provided in paragraph (a)(1) of this section. (ii) For purposes of this section, “immediate family members” are defined as surviving spouse, whether or not he or she is or was remarried; all adult children of the decedent; the appointed guardian(s) of minor children; and the appointed guardian(s) of the surviving spouse or of the adult child(ren) of the decedent. If the surviving spouse and all of the children of the decedent are deceased, the decedent's parents will be considered “immediate family members.” (b)(1) All requests to disinter remains as described in paragraph (a)(2) of this section must be submitted on VA Form 40-4970, Request for Disinterment, and must include the following information: (i) A full statement of reasons for the proposed disinterment. (ii) Notarized statement(s) by all living immediate family members of the decedent, and by the person who initiated the interment (whether or not the individual is a member of the immediate family), that all parties consent to the proposed disinterment. (iii) A notarized statement by the person requesting the disinterment that those who supplied affidavits comprise all the living immediate family members of the deceased and the individual who initiated the interment. (2) If the person provides a false certification on VA Form 40-4970, he or she may be subject to penalties, to include fine or imprisonment or both. (c) Any VA-approved disinterment in this section must be accomplished without expense to the Government. (The reporting and recordkeeping requirements contained in paragraph (b) of this section have been approved by the Office of Management and Budget under OMB control number 2900-0365) (Authority: 38 U.S.C. 2404) [87 FR 50575, Aug. 17, 2022] § 38.622 Reconsideration of prior interment and memorialization decisions. (a) General. (2) This section sets out the evaluative criteria and procedures for VA to reconsider prior interment and memorialization decisions for decedents who are subsequently found to have committed or to have been convicted of certain criminal acts that would prohibit them from receiving benefits to which they are otherwise entitled. (b) Capital crime or sex offense conviction. (2) If VA has not initially received notification referred to in paragraph (b)(1) of this section, but a cemetery director has reason to believe that a person interred or memorialized in a national cemetery after December 20, 2013, may have been convicted of a Federal or State capital crime meeting the requirements of 38 U.S.C. 2411(b)(1) or (2), respectively, or may have been convicted of a Federal or State crime causing the person to be a tier III sex offender and meets the requirements of 38 U.S.C. 2411(b)(4), the cemetery director will initiate an inquiry to the United States Attorney General or appropriate State official for confirmation and provide the results of such inquiry to the USMA in cases where a conviction is confirmed, which will initiate a reconsideration. The USMA will render a decision on disinterment or memorial headstone or marker removal after reviewing the results of the inquiry submitted by the cemetery director. (c) Avoidance of conviction due to death or flight. (2) If, after conducting the inquiry, the cemetery director determines that there appears to be clear and convincing evidence that the decedent committed a Federal or State capital crime or committed a Federal or State crime that would cause the person to be a tier III sex offender under 38 U.S.C. 2411(b)(5), for which the decedent was not convicted because the decedent was unavailable for trial due to death or flight to avoid prosecution, the cemetery director will provide this information to the USMA who will decide whether to reconsider the prior decision to inter or memorialize the decedent. If the USMA decides to reconsider the prior interment or memorialization decision, the USMA will provide notice of procedural options and follow the procedures in paragraph (d)(2). (d) VA notice of decision. (2) In cases in which a cemetery director has reason to believe that a person interred or memorialized in a national cemetery after December 20, 2013, may have committed a Federal or State capital crime, as described in 38 U.S.C. 2411(f)(1) and (2), or may have committed a Federal or State crime that would cause the person to be a tier III sex offender under U.S.C. 2411(b)(5), but avoided conviction of such crime by reason of unavailability for trial due to death or flight to avoid prosecution, should the USMA decide to reconsider the prior interment or memorialization, prior to rendering written notice of final decision, VA will follow the following process: (i) NCA will provide a notice of procedural options, which will inform the decedent's next of kin or personal representative that VA is reconsidering the prior interment or memorialization of the decedent and that they may, within 15 days of receipt of notice: request a hearing on the matter; submit a written statement, with or without supporting documentation, for inclusion in the record; or waive a hearing and submission of a written statement. (ii) If a hearing is requested, the District Executive Director will conduct the hearing. The purpose of the hearing is to permit the personal representative of the deceased to present evidence concerning whether the deceased committed a crime that would render the deceased ineligible for interment or memorialization in a national cemetery. Testimony at the hearing will be presented under oath, and the personal representative will have the right to representation by counsel and the right to call witnesses. The VA official conducting the hearing will have the authority to administer oaths. The hearing will be conducted in an informal manner and court rules of evidence will not apply. The hearing will be recorded on audiotape and, unless the personal representative waives transcription, a transcript of the hearing will be produced and included in the record. (iii) Following a hearing or the timely submission of a written statement, or in the event a hearing is waived or no hearing is requested and no written statement is submitted within the time specified, the USMA will decide whether there is clear and convincing evidence that the decedent committed a Federal or State capital crime or a Federal or State crime that would cause the person to be a tier III sex offender under 38 U.S.C. 2411(b)(5), for which the decedent was not convicted due to the decedent's unavailability for trial due to death or flight to avoid prosecution. If the USMA decides that clear and convincing evidence does not exist, the USMA will notify the next of kin or personal representative that the decedent may remain interred or that the decedent's memorial headstone or marker may remain in the national cemetery. If the USMA decides that clear and convincing evidence exists, the USMA will provide written notice of the decision to disinter the decedent or remove the decedent's memorial headstone or marker. The written notice of decision will be in accordance with 38 U.S.C. 5104 and will include a notice of appellate rights in accordance with 38 CFR 20.200. (3) Notwithstanding any other provision of this chapter, a notice of disagreement with the decision of the USMA must be filed within 60 days from the date of the notice of decision, and the only method of appeal from a notice of decision issued under this section is through review by the Board of Veterans' Appeals. Action following receipt of a notice of disagreement with reversal of an interment or memorialization decision under this section will be in accordance with 38 CFR part 20. (e) Disinterment or removal of memorialization. (1) In the case of disinterment, the cemetery director will contact the next of kin or personal representative to coordinate the transfer of remains from the national cemetery to another location. The next of kin or personal representative will have 30 days to respond to the cemetery director. (i) If the next of kin or personal representative responds to the notice within the 30-day period, the cemetery director will coordinate a date and time for the disinterment and release of the decedent's remains to the next of kin or personal representative for transport from the national cemetery to a place determined by the next of kin or personal representative. The cemetery director will perform the disinterment. The next of kin or personal representative will bear responsibility and cost for transportation of the remains from the cemetery, including compliance with applicable state laws concerning the disinterment and transport of remains from the national cemetery, and any costs associated with the subsequent disposition of remains. (ii) If the next of kin or personal representative does not respond to the notice within the 30-day period, indicates refusal to accept the decedent's remains, or fails to appear, the cemetery director will determine a suitable cemetery for the disposition of the decedent's remains and, at government expense, will make all necessary arrangements to disinter, transport, reinter, and mark the grave of the decedent with a non-government headstone or marker within a reasonable time frame. The non-government headstone or marker will include the decedent's name, date of birth, and date of death. The cemetery director will then notify the next of kin or personal representative of the date and time on which the disinterment was performed and the new location of the decedent's remains. (2) In the case of a memorial headstone or marker, the cemetery director will remove the headstone or marker from the cemetery and notify the next of kin or personal representative of the date on which this action was taken. (Authority: 38 U.S.C. 512, 2411) [89 FR 58069, July 17, 2024] § 38.628 Allowance for caskets and urns for unclaimed remains of veterans. (a) VA will issue a flat-rate allowance, as established in paragraph (d) of this section, to any individual or entity for a casket or urn, purchased by the individual or entity for the burial in a national cemetery or in a veterans' cemetery of a State or Tribal Organization that has received a grant under 38 U.S.C. 2408, of an eligible deceased veteran for whom VA: (1) Is unable to identify the veteran's next-of-kin; and (2) Determines that sufficient resources are otherwise unavailable to furnish the casket or urn. (b) For purposes of satisfying the requirements of paragraph (a) of this section, VA will rely entirely on the requesting individual's or entity's certification as required under paragraphs (c)(2) and (3) of this section. (c) An individual or entity may request an allowance from VA under paragraph (a) of this section by completing and submitting VA Form 40-10088 and supporting documentation, in accordance with the instructions on the form. Prior to approving issuance of an allowance, VA must find all of the following: (1) The veteran is eligible for burial in a VA national cemetery or in a veterans' cemetery of a State or Tribal Organization that has received a grant under 38 U.S.C. 2408; (2) The individual or entity has certified that they cannot identify the veteran's next-of-kin, or that an identified next-of-kin is unwilling or unable to assume responsibility for the deceased veteran's burial arrangements, and that the individual or entity has followed applicable state or local law relating to the disposition of unclaimed remains; (3) The individual or entity has certified that, to the best of their knowledge, sufficient resources are otherwise unavailable to furnish the casket or urn; (4) The invoice presented by the individual or entity clearly indicates the purchase price of the casket or urn purchased by the individual or entity; and (5) The invoice presented by the individual or entity contains information sufficient for VA to determine, in conjunction with a visual inspection, that the casket or urn meets the following standards: (i) Caskets must be of metal construction of at least 20-gauge thickness, designed for containing human remains, sufficient to contain the remains of the deceased veteran, and include external fixed rails or swing arm handles. (ii) Urns must be of a durable construction, such as durable plastic, wood, metal, or ceramic, designed to contain cremated human remains, and include a secure closure to contain the cremated remains. (d) The allowance for a claim received in any calendar year under paragraph (a) of this section is $1,199.00 for a metal casket and $138.00 for an urn of durable material. (e) VA will make cost-of-living adjustments for the flat-rate casket and urn allowances using the Consumer Price Index (CPI). Each fiscal year, VA will provide a percentage increase (rounded to the nearest dollar) in the casket and urn flat-rate allowances equal to the percentage by which the CPI (all items, United States city average) for the 12-month period (June to June) preceding the beginning of the fiscal year for which the percentage increase is made exceeds the CPI for the 12-month period preceding the 12-month period described in this paragraph (e). VA will only make cost-of-living increases to the flat rate allowances when the CPI has increased. (The Office of Management and Budget has approved the information collection requirements under this section under control number 2900-0799.) (Authority: 38 U.S.C. 2306, 2402, 2411) [80 FR 19538, Apr. 13, 2015, as amended at 88 FR 42247, June 30, 2023] § 38.629 Outer burial receptacles. (a) Definitions Outer burial receptacle. (b) Purpose. (2) This section also provides for payment of a monetary allowance for outer burial receptacles placed at the time of interment, for burials on or after January 5, 2023, in a cemetery that is the subject of a grant awarded to a State or Tribal organization under 38 U.S.C. 2408. (3) This section also provides for reimbursement of the cost of pre-placed outer burial receptacles that are installed as part of construction or expansion of a cemetery that is the subject of a grant awarded on or after January 5, 2023, to a State or Tribal organization under 38 U.S.C. 2408. (c) Subsequent interments. (d) Payment of monetary allowance for privately purchased outer burial receptacles. (2) VA will pay a monetary allowance for each casket burial in a cemetery that is the subject of a grant to a State or Tribal organization under 38 U.S.C. 2408, where a privately purchased outer burial receptacle was used on or after January 5, 2023. The person who paid for the outer burial receptacle must submit a request for payment of the allowance on the appropriate VA form. The request must be verified by the cemetery director where the burial occurred. (e) Payment of monetary allowance for outer burial receptacles placed at time of interment. (2) VA will pay the allowance only if a State or Tribal organization submits a request for payment on the appropriate VA form. Requests may be submitted on a quarterly basis for the total number of burials that required an outer burial receptacle in that quarter and for which a fee for the outer burial receptacle was not charged to the decedent's family or other responsible party. Requests for payment under this section for burials that occur from January 5, 2023, through December 31, 2024, must be submitted by December 31, 2025. Requests for payment under this section for burials that occur on or after January 1, 2025, must be submitted within 1 year of interment. (3) No payment may be made for burials where a fee for the outer burial receptacle was charged to the decedent's family or other responsible party. (f) Amount of the monetary allowance. (i) The average cost of Government-furnished graveliners will be based upon the actual average cost to the Government of such graveliners during the most recent fiscal year ending prior to the start of the calendar year for which the amount of the allowance will be used. This average cost will be determined by taking VA's total cost during that fiscal year for single-depth graveliners which were procured for placement at the time of interment and dividing it by the total number of such graveliners procured by VA during that fiscal year. The calculation shall exclude both graveliners procured and pre-placed in gravesites as part of cemetery gravesite development projects and all double-depth graveliners. (ii) The administrative costs incurred by VA will consist of those costs that relate to processing and paying an allowance, as determined by VA, for the calendar year ending prior to the start of the calendar year for which the amount of the allowance will be used. (2) The amount of the allowance for each calendar year will be published in the “Notices” section of the Federal Register. Federal Register (g) Reimbursement for pre-placed outer burial receptacles. (2) States and Tribal organizations must submit a request for reimbursement of the cost of pre-placed outer burial receptacles using Standard Form 271, Outlay Report and Request for Reimbursement for Construction Programs, with supporting documentation. The Director of the Veterans Cemetery Grants Program must review and certify the request for payment. Funds paid under this section for pre-placed outer burial receptacles, as part of an approved establishment, expansion, and improvement project shall be used solely for payment of such outer burial receptacles. As a condition for payment, the representative of the State or Tribal organization must submit to VA an invoice reporting the cost for purchase and delivery of outer burial receptacles. (h) Audits. (Authority: 38 U.S.C. 2306(d)) [70 FR 4769, Jan. 31, 2005, as amended at 89 FR 82181, Oct. 10, 2024] § 38.630 Burial headstones and markers; medallions. (a) Eligibility Unmarked graves. (i) Any individual buried in a national cemetery or in a military post cemetery. When more than one individual is buried in a single gravesite in a national cemetery, VA will, if feasible, include inscription information for all such individuals on a single headstone or marker, rather than furnishing a separate headstone or marker for each buried individual. (ii) The following individuals eligible for burial in a national cemetery but who are buried elsewhere, where such graves may be located in any type of non-national cemetery (e.g., state, tribal, private, or local government such as town or city cemetery): (A) Veterans as described in § 38.620(a). (B) Members of a Reserve component of the Armed Forces, or members of the Army National Guard or the Air National Guard, whose deaths occurred under the conditions described in § 38.620(b). (C) Members of the Reserve Officers' Training Corps of the Army, Navy, or Air Force, whose deaths occurred under the conditions described in § 38.620(c). (D) Individuals who separated from military service and were entitled to retired pay under chapter 1223 of title 10 (10 U.S.C. 12731 et seq. (E) Individuals who served in the organized military forces of the Government of the Commonwealth of the Philippines, or who served in the New Philippine Scouts, as described in and subject to § 38.620(h). (F) Individuals who were naturalized pursuant to section 2(1) of the Hmong Veterans' Naturalization Act of 2000, or who served honorably with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces, as described in and subject to § 38.620(j). (iii) Soldiers of the Union and Confederate Armies of the Civil War, whose graves may be located in any type of non-national cemetery (e.g., state, tribal, private, or local government cemetery). (iv) Spouses, surviving spouses, and dependent children, as described in and subject to § 38.620(e) or § 38.620(k), whose graves are located in a veterans' cemetery owned by a State, or a veterans' cemetery owned by a Tribal Organization or on land owned by or held in trust for a Tribal Organization. (2) Marked graves. (A) Veterans as described in § 38.620(a). (B) Members of a Reserve component of the Armed Forces, or members of the Army National Guard or the Air National Guard, whose deaths occurred under the conditions described in § 38.620(b). (C) Members of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose deaths occurred under the conditions described in § 38.620(c). (D) Individuals who separated from military service and were entitled to retired pay under chapter 1223 of title 10 (10 U.S.C. 12731 et seq. (E) Individuals who served in the organized military forces of the Government of the Commonwealth of the Philippines, or who served in the New Philippine Scouts, as described in and subject to § 38.620(h). (F) Individuals who were naturalized pursuant to section 2(1) of the Hmong Veterans' Naturalization Act of 2000, or who served honorably with a special guerilla unit or irregular forces operating from a base in Laos in support of the Armed Forces, as described in and subject to § 38.620(j). (ii) An individual described in paragraph (a)(2)(i) of this section is eligible for a headstone or marker provided under this paragraph (a)(2) if: (A) The individual died on or after November 1, 1990; or (B) They were a Medal of Honor recipient and served in the Armed Forces on or after April 6, 1917. (iii) In lieu of a headstone or marker provided under this paragraph (a)(2), veterans described in paragraph (a)(2)(i)(A) of this section are eligible for a medallion to be affixed to their privately purchased headstone or marker if they served in the Armed Forces on or after April 6, 1917. (b) General Application. (ii) When burial occurs in a cemetery that does not use NCA's electronic ordering system (e.g., private or local government cemetery), an applicant, as defined in paragraph (c)(1) of this section, may either: (A) Request a burial headstone or marker provided under paragraph (a)(1) or (2) of this section by completing and submitting VA Form 40-1330, Claim for Standard Government Headstone or Marker; or (B) Request a medallion provided under paragraph (a)(2)(iii) of this section to be affixed to a privately purchased headstone or marker, by completing and submitting VA Form 40-1330M, Claim for Government Medallion for Placement in a Private Cemetery. (iii) VA Forms 40-1330 and 40-1330M include application and submission instructions as well as additional information related to emblems of belief, and are accessible through the following links: https://www.va.gov/vaforms/va/pdf/VA40-1330.pdf, https://www.va.gov/vaforms/va/pdf/VA40-1330M.pdf. (A) An applicant for a burial headstone or marker for an unmarked grave provided under paragraph (a)(1) of this section, for placement in a private cemetery or a local government cemetery, must certify on VA Form 40-1330 that such headstone or marker will be placed on or at the grave for which it is requested. (B) An applicant for a burial headstone or marker for a marked grave provided under paragraph (a)(2) of this section, for placement in a private cemetery or a local government cemetery, must certify on VA Form 40-1330 that such headstone or marker will be placed on the grave for which it is requested, or if such placement is not possible or practicable, as close as possible to the grave within the grounds of the cemetery in which the grave is located. (C) A representative of a private cemetery or local government cemetery that accepts delivery of a burial headstone or marker provided under paragraph (a)(1) or (2) of this section must certify on VA Form 40-1330 that placement of the headstone or marker adheres to the policies or guidelines of the cemetery in which the grave is located. (2) Styles, types, and inscriptions. (i) The styles and types of burial headstones and markers made available for selection, as well as the inscriptions thereon, may be limited in accordance with certain requirements, including but not limited to aesthetic or administrative requirements of the cemetery in which the headstone or marker will be placed. (ii) The same styles and types of headstones and markers made available for selection by requestors of headstones and markers provided for unmarked graves under paragraph (a)(1) of this section shall be made available for requestors of headstones or markers for marked graves provided under paragraph (a)(2) of this section. (iii) Upon request under paragraph (b)(1)(i) or (ii) of this section, a headstone, marker, or medallion provided under paragraph (a)(1) or (2) of this section shall signify the deceased's status as a Medal of Honor recipient as applicable. (iv) If an emblem of belief is requested that is not offered in VA's inventory of images for emblems of belief, additional requirements apply under § 38.632. (3) Replacement. (A) Is damaged beyond repair; or (B) Has deteriorated to the extent it no longer serves to identify the buried decedent (e.g., identifying elements of an inscription are not legible, such as a decedent's name or a grave number for an unknown decedent), or, in the case of a medallion, no longer serves to identify the buried decedent as a veteran or as a Medal of Honor recipient if applicable; or (C) Has been stolen or vandalized; or (D) Is the incorrect style or type for the veteran's era of service; or (E) Requires changing or adding inscription information for the following reasons: ( 1 ( 2 ( 3 ( 4 ( 5 1 4 (ii) To the extent practicable, replacement burial headstones, markers, and medallions will be of the same style and type (to include inscription information) as those headstones, markers, or medallions being replaced, except that style, type, or inscription information may differ for replacements if one of the criteria in paragraph (b)(3)(i)(D) or (E) is the reason for replacement. (iii) Requests to replace Government-furnished burial headstones, markers, or medallions are made as follows: (A) Through NCA's electronic ordering systems, when the headstone, marker, or medallion to be replaced is located in a cemetery that uses NCA electronic ordering systems; or (B) By completing and submitting VA Form 40-1330 or VA Form 40-1330M, when the headstone, marker, or medallion to be replaced is located in a cemetery that does not use NCA's electronic ordering systems. (4) Limitations. (ii) VA will not pay costs associated with affixing a medallion provided under paragraph (a)(2) of this section to a privately purchased headstone or marker in a non-national cemetery, but VA will deliver such medallion directly to the applicant. (5) Ownership, alteration, and disposition. (ii) Under 38 CFR 1.218(b)(5), the destruction, mutilation, defacement, injury, or removal of any monument, gravestone, or other structure within the limits of any national cemetery is prohibited, with an associated fine of $500. Under 18 U.S.C. 1361, willful depredation of any property of the United States ( i.e., (iii) When a Government-furnished burial headstone, marker, or medallion is removed from any cemetery, it should be properly disposed. Unless a headstone or marker that has been removed from a cemetery would be maintained by NCA for historic purposes, or in cases of disinterment would be relocated to a different gravesite, such headstones or markers made of stone must be physically broken into small enough pieces to ensure no portion of the inscription is legible and to ensure no part is available for any private, personal, or commercial use, and those made of bronze must be returned to VA for recycling. (c) Definitions Applicant. (i) A decedent's family member, which includes the decedent's spouse or individual who was in a legal union as defined in 38 CFR 3.1702(b)(1)(ii) with the decedent; a child, parent, or sibling of the decedent, whether biological, adopted, or step relation; and any lineal or collateral descendant of the decedent; (ii) A personal representative, as defined in § 38.600(a); (iii) A representative of a congressionally chartered Veterans Service Organization; (iv) An individual employed by the relevant state or local government whose official responsibilities include serving veterans and families of veterans, such as a state or county veterans service officer; (v) Any individual who is responsible, under the laws of the relevant state or locality, for the disposition of the unclaimed remains of the decedent or for other matters relating to the interment or memorialization of the decedent; or (vi) Any individual, if the dates of service of the veteran to be memorialized, or on whose service the eligibility of another individual for memorialization is based, ended prior to April 6, 1917. (2) Ascertainable. (3) Local government. (4) Medal of Honor recipient. (5) Privately purchased and durable headstone or marker. (6) Unmarked grave. (i) A Government-furnished headstone or marker has not been erected or installed at or by the grave, or the condition of a Government-furnished headstone or marker erected or installed at or by the grave warrants replacement under paragraph (b)(3) of this section; and (ii) A privately purchased and durable headstone or marker, from which the buried individual's name (if known) is ascertainable: (A) Has not been erected or installed at or by the grave, or (B) Is damaged beyond repair; or (C) Has deteriorated to the extent it no longer serves to identify the buried decedent (e.g., identifying elements of an inscription are not legible); or (D) Has been stolen or vandalized. (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0222) (Authority: 38 U.S.C. 2306, 2402, 2404, sec. 203(b), Pub. L. 110-157, 121 Stat. 1831) [86 FR 43098, Aug. 6, 2021; 86 FR 47387, Aug. 25, 2021, as amended at 88 FR 51238, Aug. 3, 2023] § 38.631 Memorial headstones and markers. (a) Eligibility. (i) A veteran (which includes an individual who dies in the active military, naval, or air service), where the headstone or marker may be provided for a national cemetery, a State, local, or private cemetery, a veterans' cemetery owned by a State, or a veterans' cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization. (ii) An individual who dies on or after November 11, 1998, who is the spouse or surviving spouse of a veteran (which includes a surviving spouse who had a subsequent remarriage), 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 before October 1, 2024—where the headstone or marker may be provided for a national cemetery, a veterans' cemetery owned by a State, or a veterans' cemetery of a Tribal Organization or on land owned by or held in trust for a Tribal Organization; (iii) An individual who dies on or after November 11, 1998, who is an eligible dependent child of a veteran, 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 such death occurs before October 1, 2024—where the headstone or marker may be provided for a national cemetery, a veterans' cemetery owned by a State, or a veterans' cemetery of a Tribal Organization or on land owned by or held in trust for a Tribal Organization—if that dependent child is: (A) Under the age of 21 years; or (B) Under the age of 23 years if pursuing a course of instruction at an approved educational institution; or (C) Unmarried and became permanently physically or mentally disabled and incapable of self-support before reaching the age of 21 years, or before reaching the age of 23 years if pursuing a course of instruction at an approved educational institution. (2) When VA has furnished a burial headstone or marker under § 38.630(a)(1), VA will, if feasible, add a memorial inscription to that headstone or marker (or provide a replacement headstones or marker to newly include a memorial inscription) rather than furnishing a separate memorial headstone or marker for the surviving spouse or eligible dependent child of such individual, in accordance with 38 U.S.C. 2306(g)(1). (3) When VA has furnished a memorial headstone or marker under paragraph (a)(1) of this section for purposes of commemorating a veteran or an individual who died in the active military, naval, or air service, VA will, if feasible, add a memorial inscription to that headstone or marker (or provide a replacement headstones or marker to newly include a memorial inscription) rather than furnishing a separate memorial headstone or marker for the surviving spouse or eligible dependent child of such individual, in accordance with 38 U.S.C. 2306(g)(2). (b) General Application. https://www.va.gov/vaforms/va/pdf/VA40-1330.pdf. (ii) A representative of a private cemetery or local government cemetery that accepts delivery of a memorial headstone or marker must certify on VA Form 40-1330 that placement of the headstone or marker adheres to the policies or guidelines of the cemetery in which the grave is located. (2) Styles, types, and inscriptions. (i) The styles and types of memorial headstones and markers made available for selection, as well as the inscriptions thereon, may be limited in accordance with certain requirements, including but not limited to aesthetic or administrative requirements of a cemetery. (ii) All inscriptions for memorial headstones and markers must be preceded by the phrase “In Memory Of”. (iii) If an emblem of belief is requested that is not offered in VA's inventory of images for emblems of belief, additional requirements apply under § 38.632. (3) Replacement. (A) Is damaged beyond repair; or (B) Has deteriorated to the extent it no longer serves to identify the decedent (e.g., identifying elements of an inscription are not legible, such as a decedent's name); or (C) Has been stolen or vandalized; or (D) Is the incorrect style or type for the veteran's era of service; or (E) Requires changing or adding inscription information for the following reasons: ( 1 ( 2 ( 3 ( 4 ( 5 1 4 (ii) To the extent practicable, replacement memorial headstones and markers will be of the same style and type (to include inscription information) as those being replaced, except that style, type, or inscription content may differ for replacement headstones and markers if one of the criteria under paragraphs (b)(3)(i)(D) and (E) of this section is the reason for replacement. (iii) Requests to replace Government-furnished memorial headstones and markers are made as follows: (A) Through NCA's electronic ordering systems, when the headstone or marker to be replaced is located in a cemetery that uses NCA electronic ordering systems; or (B) By completing and submitting VA Form 40-1330, when the headstone or marker to be replaced is located in a cemetery that does not use NCA's electronic ordering systems. (4) Limitations. (5) Ownership, alteration, and disposition. (ii) Under 38 CFR 1.218(b)(5), the destruction, mutilation, defacement, injury, or removal of any monument, gravestone, or other structure within the limits of any national cemetery is prohibited, with an associated fine of $500. Under 18 U.S.C. 1361, willful depredation of any property of the United States ( i.e., (iii) When a Government-furnished memorial headstone or marker is removed from any cemetery (due to it warranting replacement under paragraph (b)(3) of this section), it should be properly disposed. Unless a memorial headstone or marker that has been removed from a cemetery would be maintained by NCA for historic purposes, such headstones and markers made of stone must be physically broken into small enough pieces to ensure no portion of the inscription is legible and to ensure no part is available for any private, personal, or commercial use, and those made of bronze must be returned to VA for recycling. (c) Definitions Applicant. (2) Unavailable remains. (i) Have not been recovered or identified; (ii) Were buried at sea, whether by the individual's own choice or otherwise; (iii) Were donated to science; or (iv) Were cremated and the ashes scattered without interment of any portion of the ashes. (Authority: 38 U.S.C. 2306, 2402, 2404) [86 FR 43100, Aug. 6, 2021] § 38.632 Emblems of belief. (a) General. (b) Definitions. (1) Applicant (2) Emblem of belief (3) Federally-administered cemetery (4) Headstones or markers (5) State veterans cemetery (c) Application process for new emblems of belief. If the burial or memorialization of an eligible individual is in a: The applicant must: (1) Federally-administered cemetery or a State veterans cemetery that uses the NCA electronic ordering system (i) Submit a written request to the director of the cemetery where burial is requested indicating that a new emblem of belief is desired for inscription on a Government-furnished headstone or marker; and (2) Private cemetery (deceased eligible veterans only), Federally-administered cemetery, or a State veterans cemetery that does not use the NCA electronic ordering system (i) Submit a completed VA Form 40-1330 to the NCA Director of Memorial Programs Service, indicating in the REMARKS section of the form that a new emblem of belief is desired; and (d) Application. (1) Certification by the applicant that the proposed new emblem of belief represents the decedent's religious affiliation or sincerely held religious belief system, or a sincerely held belief system that was functionally equivalent to a religious belief system in the life of the decedent. (2) A three-inch diameter digitized black and white representation of the requested emblem that is free of copyright or trademark restrictions or authorized by the owner for inscription on Government-furnished headstones and markers and can be reproduced in a production-line environment in stone or bronze without loss of graphic quality. (e) Incomplete application. (f) Evaluation criteria. (1) The applicant has demonstrated that there is an immediate need to inscribe the emblem on a new, first, Government-furnished headstone or marker for a deceased eligible individual, unless good cause is shown for an exception; (2) The applicant has submitted a certification concerning the emblem that meets the requirements of paragraph (d)(1) of this section. (i) In the absence of evidence to the contrary, VA will accept as genuine an applicant's statement regarding the sincerity of the religious or functionally equivalent belief system of a deceased eligible individual. If a factual dispute arises concerning whether the requested emblem represents the sincerely held religious or functionally equivalent belief of the decedent, the Director will evaluate whether the decedent gave specific instructions regarding the appropriate emblem during his or her life and the Under Secretary will resolve the dispute on that basis. (ii) In the absence of such instructions, the Under Secretary will resolve the dispute in accordance with the instructions of the decedent's surviving spouse. If the decedent is not survived by a spouse, the Under Secretary will resolve the dispute in accordance with the agreement and written consent of the decedent's living next-of-kin. For purposes of resolving such disputes under this section, next-of-kin means the living person(s) first listed as follows: (A) The decedent's children 18 years of age or older, or if the decedent does not have children, then (B) The decedent's parents, or if the decedent has no surviving parents, then (C) The decedent's siblings. (3) The emblem meets the definition of an emblem of belief in paragraph (b)(2); (4) The emblem would not have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation—for example, the emblem cannot contain explicit or graphic depictions or descriptions of sexual organs or sexual activities that are shocking, titillating, or pandering in nature, or display coarse or abusive language or images. A determination that an emblem would have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation may not be made based on the content of the religious or functionally equivalent belief that the emblem represents. (5) The emblem meets the technical requirements for inscription specified in paragraph (d)(2) of this section. (g) Decision by the Under Secretary for Memorial Affairs. (2) If the Under Secretary for Memorial Affairs determines that allowing the inscription of a particular proposed emblem would adversely affect the dignity and solemnity of the cemetery environment or that the emblem does not meet the technical requirements for inscription, the Under Secretary shall notify the applicant in writing and offer to the applicant the option of either: (i) Omitting the part of the emblem that is problematic while retaining the remainder of the emblem, if this is feasible, or (ii) Choosing a different emblem to represent the religious or functionally equivalent belief that does not have such an adverse impact. (3) Applicants will have 60 days from the date of the notice to cure any adverse impact or technical defect identified by the Under Secretary. Only if neither option is acceptable to the applicant, the applicant's requested alternative is also unacceptable, or the applicant does not respond within the 60-day period, will the Under Secretary ultimately deny the application. (4) If the Under Secretary determines that the request should be denied and that decision is based wholly or partly on information received from a source other than the applicant, then the following procedure will be followed: (i) A tentative decision denying the request will be prepared; (ii) Written notice of the tentative decision accompanied by a copy of any information on which the Under Secretary intends to rely will be provided to the applicant; (iii) The applicant will have 60 days from the date of the written notice specified in subparagraph (ii) to present evidence and/or argument challenging the evidence and/or tentative decision; and (iv) The Under Secretary will consider the applicant's submission under subparagraph (iii) and will issue a final decision on the request. (5) The Director, Office of Field Programs, will provide the individual who made the request written notice of the Under Secretary's decision. (Authority: 38 U.S.C. 501, 2404) [74 FR 26096, June 1, 2009, as amended at 81 FR 10771, Mar. 2, 2016; 86 FR 43101, Aug. 6, 2021] § 38.633 Group memorial monuments. (a) Definitions of terms. (1) Group (2) Memorial Monument (3) Next of kin (4) Documentary evidence (b) The Secretary may furnish at government expense a group memorial monument upon request of next of kin. The group memorial monument will commemorate two or more identified members of the Armed Forces, including their reserve components, who died in a sanctioned common military event, (e.g., battle or other hostile action, bombing or other explosion, disappearance of aircraft, vessel or other vehicle) while in active military, naval or air service, and whose remains were not recovered or identified, were buried at sea, or are otherwise unavailable for interment. (c) A group memorial monument furnished by VA may be placed only in a national cemetery in an area reserved for such purpose. If a group memorial monument has already been provided under this regulation or by any governmental body, e.g., the American Battle Monuments Commission, to commemorate the dead from a common military event, an additional group memorial monument will not be provided by VA for the same purpose. (d) Application for a group memorial monument shall be submitted in a manner specified by the Secretary. Evidence used to establish and determine eligibility for a group memorial monument will conform to paragraph (a)(4) of this section. (Authority: 38 U.S.C. 501, 2403) [70 FR 4769, Jan. 31, 2005, as amended at 86 FR 43102, Aug. 6, 2021] § 38.634 Commemorative urns and plaques. (a) General. (i) A commemorative urn; or (ii) A commemorative plaque. (2) For the purposes of this section, the following definitions apply: (i) Commemorative urn (ii) Commemorative plaque (3) If VA furnishes a commemorative plaque or a commemorative urn for an individual under this section, VA may not provide for such individual— (i) A headstone, marker, or medallion; or (ii) Any burial benefit under 38 U.S.C. 2402. (4) Any commemorative plaque or commemorative urn furnished under this section shall be the personal property of the applicant. (5) The Federal Government shall not be liable for any damage to a commemorative plaque or urn furnished under this section that occurs after the date on which the commemorative plaque or urn is furnished. VA will not replace a commemorative plaque or urn unless it was damaged during shipping or contains a manufacturing deficiency or inscription error. (b) Eligible individuals to be commemorated. (1) Who served in the Armed Forces on or after April 6, 1917; (2) Who is eligible for, but has not received, a headstone, marker, or medallion under 38 U.S.C. 2306(d) (or would be so eligible but for the date of the death of the individual); and (3) Whose remains were cremated and not interred (see § 38.600 for definition of interment). (c) Application process Applicant. (2) Application. [89 FR 40391, May 10, 2024] Veterans Legacy Grants Program Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted. § 38.710 Purpose and use of grant funds. Sections 38.710 through 38.785 establish the Veterans Legacy Grants Program (VLGP). Under this program, VA may provide grants to eligible entities defined in § 38.715 to: (a) Conduct research related to national, State, or Tribal Veterans' cemeteries; (b) Produce educational materials that teach about the history of Veterans interred in national, State, or Tribal Veterans' cemeteries; (c) Contribute to the extended memorialization of Veterans interred in national, State, or Tribal Veterans' cemeteries by presenting grantee research on national, State, or Tribal Veterans' cemeteries through site hosting and other digital technologies; and, (d) Promote community engagement with the histories of Veterans interred in national, State, or Tribal Veterans' cemeteries. (Authority: 38 U.S.C. 501(d), 2400 note) § 38.715 Definitions. For purposes of this part and any Notice of Funding Opportunity (NOFO) issued pursuant to this part: (a) Applicant (b) Community engagement (c) Eligible recipient (or entity) (1) An institution of higher learning; (2) A local educational agency; (3) A non-profit entity that the Secretary determines has a demonstrated history of community engagement that pertains to the projects described in the relevant NOFO; (4) An educational institution; or (5) Another recipient (or entity) the Secretary deems appropriate. (d) Institution of higher learning (IHL) (e) Educational institution (f) Local educational agency (LEA) (g) State educational agency (SEA) (h) Non-profit entity (i) Educational materials e.g., (j) Recipient (k) Notice of Funding Opportunity (NOFO) Grants.gov http://www.grants.gov (Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.1 and 200.204) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107002, Dec. 31, 2024] § 38.720 Grants—general. (a) Grants. (b) Maximum amounts. (c) Number of grants awarded. (d) Grant is not a course buyout. (e) Matching requirement. (f) Grant is not Veterans' benefit. (Authority: 38 U.S.C. 501(d), 2400 note) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.725 Notice of Funding Opportunity (NOFO). When funds are available for VLGP grants, VA will publish a NOFO at Grants.gov http://www.grants.gov (a) The location for obtaining VLGP grant applications, including the specific forms that will be required; (b) The date, time, and place for submitting completed VLGP grant applications; (c) The estimated total amount of funds available and the maximum funds available to a single grantee; (d) The minimum number of total points and points per category that an applicant must receive to be considered for a grant and information regarding the scoring process; (e) Any timeframes and manner for payments under the VLGP grant; (f) A description of eligible entities or other eligibility requirements necessary to receive the grant; and (g) Other information necessary for the VLGP grant application process, as determined by VA, including contact information for the office that will oversee the VLGP within VA. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.204) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.730 Applications. To apply for a grant, an eligible entity must submit to VA a complete application package, as described in the NOFO. Applications will be accepted only through Grants.gov http://www.grants.gov (a) Project description. (b) Project team. (c) Project plan. (d) Expertise and capacity. (e) Match. (f) Proposed budget. (g) Additional information. (The Office of Management and Budget has approved the information collection provisions in this section under control numbers 4040-0004, 4040-0006, 4040-0007, and 4040-0013) (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.208) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.735 Additional factors for deciding applications. (a) Applicant's history of performance. (b) Applicant's financial stability. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.206) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.740 Scoring and selection. (a) Scoring. (b) Selection of recipients. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.205) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.745 Disposition of applications. (a) Disposition of applications. (1) Approve the application for funding, in whole or in part, for such amount of funds, and subject to such conditions that VA deems necessary or desirable; (2) Determine that the application is of acceptable quality for funding, in that it meets minimum criteria, but disapprove the application for funding because it does not rank sufficiently high in relation to other applications to qualify for an award based on the level of funding available, or for another reason as provided in the decision document; or (3) Defer action on the application for such reasons as lack of funds or a need for further review. (b) Notification of disposition. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.211) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.750 Withdrawal of grant application. Applicants may withdraw a VLGP application submitted through Grants.gov (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.204) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.755 Grant agreement. After a grant is approved for award, VA will draft a grant agreement to be executed by VA and the recipient. Upon execution of the grant agreement, VA will obligate the grant amount. The grant agreement will provide that the recipient agrees, and will ensure that each subrecipient (if applicable) agrees, to: (a) Operate the program in accordance with the provisions of §§ 38.710 through 38.785, 2 CFR part 200, and the applicant's VLGP application; (b) Comply with such other terms and conditions, including recordkeeping and reports for program monitoring and evaluation purposes, as VA may establish in the Terms and Conditions of the grant agreement for purposes of carrying out the VLGP project in an effective and efficient manner; and (c) Provide additional information that VA requests with respect to: (1) Program effectiveness, as defined in the Terms and Conditions of the grant agreement; (2) Compliance with the Terms and Conditions of the grant agreement; and (3) Criteria for evaluation, as defined in the Terms and Conditions of the grant agreement. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.211) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.760 Payments under the grant. (a) Manner of payment. (b) Availability of grant funds. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.305) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.765 Recipient reporting requirements. (a) Final report. (b) Additional reporting. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.344) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.770 Recovery of funds by VA. (a) Recovery of funds. (b) Prohibition of additional VLGP payments. (Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.339 and 200.410) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.775 Compliance review requirements. (a) Site visits. (b) Inspections. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.329) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.780 Financial management. (a) Compliance. (b) Financial Management. (Authority: 38 U.S.C. 501(d), 2400 note and 2 CFR 200.400-200.476) [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] § 38.785 Record retention and access. Recipients must ensure that records are maintained and accessible in accordance with 2 CFR 200.334-200.338. Recipients must produce such records at VA's request. (Authority: 38 U.S.C. 501(d), 2400 note, and 2 CFR 200.334-200.338) [89 FR 107003, Dec. 31, 2024]