§2301 Flags

Summary

The Secretary must provide an American flag to drape the casket of certain people who served in the military. This includes deceased veterans who fought in any war or served after January 31, 1955, veterans who completed at least one enlistment, and those discharged for a service‑connected disability. It also covers people who were entitled to retired pay under the relevant retirement law or would have been except for being under age 60. The Mexican border period counts from January 1, 1911, to May 8, 1916. If a person died while on active duty after May 27, 1941, the Secretary must give a flag to the next of kin or another appropriate person if they are not already eligible under other rules. People buried in a national cemetery under certain eligibility rules also get a flag. After burial, the flag is given to the next of kin. If no next of kin asks for it, a close friend may receive it, and if a friend receives it, no one else gets another flag for that death. Selected Reserve members who completed an enlistment, were discharged early for a service disability, or died while in the Reserve may get a flag if not already eligible, but not if their last discharge was less than honorable. Some people excluded by other laws are not eligible. Flags bought for this use must be wholly produced in the United States unless the Secretary finds that is not possible or not in the national interest; the Secretary must notify Congress in writing within 30 days of such a finding. "Wholly produced" means the materials, processing, and assembly all happen in the United States.