cfr_sections
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32 rows where part_number = 38 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 38:38:2.0.1.1.11.0.349.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.600 Definitions. | VA | [86 FR 43097, Aug. 6, 2021; 86 FR 47387, Aug. 25, 2021, as amended at 89 FR 40391, May 10, 2024] | (a) The following definitions apply to this part: Appropriate State official means a State attorney general or other official with statewide responsibility for law enforcement or penal functions. Clear and convincing evidence means that degree of proof which produces in the mind of the fact-finder a firm belief regarding the question at issue. Convicted means a finding of guilt by a judgment or verdict or based on a plea of guilty, by a Federal or State criminal court. Federal capital crime means an offense under Federal law for which a sentence of imprisonment for life or the death penalty may be imposed. Interment means the burial or entombment of casketed or cremated remains, including the placement of cremated remains in a columbarium niche. Life imprisonment means a sentence of a Federal or State criminal court directing confinement in a penal institution for life. Memorialization means any action taken to honor the memory of a deceased individual. Personal representative means a family member or other individual who has identified himself or herself to the National Cemetery Administration as the person responsible for making decisions concerning the interment of the remains of or memorialization of a deceased individual. State capital crime means, under State law, the willful, deliberate, or premeditated unlawful killing of another human being for which a sentence of imprisonment for life or the death penalty may be imposed. (b) Other terms not defined in paragraph (a) of this section may be defined within and be applicable to other sections throughout this part. | ||||||
| 38:38:2.0.1.1.11.0.349.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.628 Allowance for caskets and urns for unclaimed remains of veterans. | VA | [80 FR 19538, Apr. 13, 2015, as amended at 88 FR 42247, June 30, 2023] | (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… | ||||||
| 38:38:2.0.1.1.11.0.349.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.629 Outer burial receptacles. | VA | [70 FR 4769, Jan. 31, 2005, as amended at 89 FR 82181, Oct. 10, 2024] | (a) Definitions — Outer burial receptacle. For purposes of this section, an outer burial receptacle means a graveliner, burial vault, or other similar type of container for a casket. (b) Purpose. (1) This section provides for payment of a monetary allowance for an outer burial receptacle for any interment with casketed remains in a VA national cemetery where a privately purchased outer burial receptacle has been used in lieu of a Government-furnished graveliner and, for any interment on or after January 5, 2023, 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 has been used. (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. In burials where a casket already exists in a grave with or without an outer burial receptacle, subsequent placement of a second casket in an outer burial receptacle will not be permitted in the same grave unless the cemetery director determines that the already interred casket will not be damaged. (d) Payment of monetary allowance for privately purchased outer burial receptacles. (1) VA will pay a monetary allowance for each casket burial in a VA national cemetery where a privately purchased outer burial receptacle was used in lieu of a Government-furnished graveliner. Payment will be made to the person identified in records contained in the National Cemetery Administration (NCA) electronic ordering system as the person who paid for the ou… | ||||||
| 38:38:2.0.1.1.11.0.349.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.630 Burial headstones and markers; medallions. | VA | [86 FR 43098, Aug. 6, 2021; 86 FR 47387, Aug. 25, 2021, as amended at 88 FR 51238, Aug. 3, 2023] | (a) Eligibility —(1) Unmarked graves. VA will furnish, when requested under paragraph (b)(1)(i) or (ii) of this section, a burial headstone or marker for the unmarked grave of the following individuals: (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. ), as described in and subject to § 38.620(g). (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., s… | ||||||
| 38:38:2.0.1.1.11.0.349.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.631 Memorial headstones and markers. | VA | [86 FR 43100, Aug. 6, 2021] | (a) Eligibility. (1) VA will furnish, when requested under paragraph (b)(1) of this section, a memorial headstone or marker to commemorate the following individuals whose remains are unavailable: (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 perma… | ||||||
| 38:38:2.0.1.1.11.0.349.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.632 Emblems of belief. | VA | [74 FR 26096, June 1, 2009, as amended at 81 FR 10771, Mar. 2, 2016; 86 FR 43101, Aug. 6, 2021] | (a) General. This section contains procedures for requesting the inscription of new emblems of belief on Government-furnished headstones and markers. (b) Definitions. For purposes of this section: (1) Applicant means the decedent's next-of-kin (NOK), a person authorized in writing by the NOK, or a personal representative authorized in writing by the decedent to apply for a new emblem of belief for inscription on a Government-furnished headstone or marker. (2) Emblem of belief means an emblem that 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. 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. The religion or belief system represented by an emblem need not be associated with or endorsed by a church, group or organized denomination. Emblems of belief do not include social, cultural, ethnic, civic, fraternal, trade, commercial, political, professional or military emblems. VA will not accept any emblem that would have an adverse impact on the dignity and solemnity of cemeteries honoring those who served the Nation, including (but not limited to) emblems that contain explicit or graphic depictions or descriptions of sexual organs or sexual activities that are shocking, titillating, or pandering in nature; and emblems that display coarse or abusive language or images. (3) Federally-administered cemetery means a VA National Cemetery, Arlington National Cemetery, the Soldiers' and Airmen's Home National Cemetery, a military post or base cemetery of the Armed Forces, a service department academy cemetery, and a Department of the Interior National Cemetery. (4) Headstones or markers means headstones or markers that are furnished by the Government to mark the grave or memorialize a d… | ||||||
| 38:38:2.0.1.1.11.0.349.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.633 Group memorial monuments. | VA | [70 FR 4769, Jan. 31, 2005, as amended at 86 FR 43102, Aug. 6, 2021] | (a) Definitions of terms. For the purpose of this section, the following definitions apply: (1) Group —all the known and unknown dead who perished in a common military event. (2) Memorial Monument —a monument commemorating veterans, whose remains have not been recovered or identified. (3) Next of kin —recognized in order: Surviving spouse; children, according to age; parents, including adoptive, stepparents, and foster parents; brothers or sisters, including half or stepbrothers and stepsisters; grandparents; grandchildren; uncles or aunts; nephews or nieces; cousins; and/or other lineal descendent. (4) Documentary evidence —Official documents, records, or correspondence signed by an Armed Services branch historical center representative attesting to the accuracy of the 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. | ||||||
| 38:38:2.0.1.1.11.0.349.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.634 Commemorative urns and plaques. | VA | [89 FR 40391, May 10, 2024] | (a) General. (1) In lieu of furnishing a headstone, marker, or medallion under this part, the Department of Veterans Affairs (VA) will furnish, when requested— (i) A commemorative urn; or (ii) A commemorative plaque. (2) For the purposes of this section, the following definitions apply: (i) Commemorative urn means a container that signifies the deceased individual's status as a veteran, in which the individual's cremated remains may be placed at private expense. (ii) Commemorative plaque means a tablet that signifies the deceased individual's status as a veteran. (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. An eligible individual for purposes of this section is a deceased individual: (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 —(1) Applicant. An applicant for a commemorative plaque or urn must be a member of the veteran's family, which includes the veteran's spouse or individual who was in a legal union as defined in § 3.1702(b)(1)(ii) of this chapter with the veteran; a ch… | ||||||
| 38:38:2.0.1.1.11.0.349.17 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.710 Purpose and use of grant funds. | VA | 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. | |||||||
| 38:38:2.0.1.1.11.0.349.18 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.715 Definitions. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107002, Dec. 31, 2024] | For purposes of this part and any Notice of Funding Opportunity (NOFO) issued pursuant to this part: (a) Applicant means an eligible entity that submits a VLGP grant application that is announced in a NOFO. (b) Community engagement means strategic interaction with identified groups of people, whether they are connected by geographic location, special interest, or affiliation, to identify and address issues related to the legacy of Veterans. (c) Eligible recipient (or entity) means one of the following: (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) means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree. (e) Educational institution means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults. (f) Local educational agency (LEA) means any public agency or authority, including a state educational agency, that has administrative control or direction over public elementary or secondary schools under 20 U.S.C. 7801(30). The term would also include any Bureau of Indian Education school, as covered in 20 U.S.C. 7801(30)(C). (g) State educational agency (SEA) means the agency primarily responsible for the State supervision of public elementary schools and secondary schoo… | ||||||
| 38:38:2.0.1.1.11.0.349.19 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.720 Grants—general. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Grants. VA may award VLGP grants to eligible recipients selected under § 38.730 of this part. (b) Maximum amounts. The maximum grant amount to be awarded to each recipient and the total maximum amount for all grants will be specified in the annually published NOFO. (c) Number of grants awarded. The number of grants VA will award will depend on the total amount of grant funding available at VA's discretion and the funding amount awarded to each recipient, which is based on each recipient's proposal. (d) Grant is not a course buyout. The grant funds shall not be used to substitute a class that an instructor is required to teach during an academic year. (e) Matching requirement. VA will determine whether a recipient must provide matching funds as a condition of receiving a VLGP grant as set forth in the NOFO. (f) Grant is not Veterans' benefit. The VLGP grant is not a Veterans' benefit. VA decisions on VLGP applications are final and not subject to the same appeal rights as Veterans' benefits decisions. | ||||||
| 38:38:2.0.1.1.11.0.349.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.601 Advisory Committee on Cemeteries and Memorials. | VA | 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. | |||||||
| 38:38:2.0.1.1.11.0.349.20 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.725 Notice of Funding Opportunity (NOFO). | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | When funds are available for VLGP grants, VA will publish a NOFO at Grants.gov ( http://www.grants.gov ). The NOFO will identify: (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. | ||||||
| 38:38:2.0.1.1.11.0.349.21 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.730 Applications. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | 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 complete grant application, as further described in the NOFO, includes standard forms specified in the NOFO and the following: (a) Project description. Each project must serve a minimum of one VA national cemetery, State Veterans' cemetery, or Tribal Veterans' cemetery. The applicant must provide a narrative project description that demonstrates the best approach for attaining required results as set forth in the NOFO; (b) Project team. If applicable, the applicant must provide a narrative description of anticipated project team and any work partner(s), including the responsibilities of the principal investigator, the co-principal investigators, and any extramural partner entity; (c) Project plan. The applicant must include a detailed timeline for the tasks outlined in the project description and proposed milestones; (d) Expertise and capacity. The applicant must provide a description of the applicant's ability and capacity to administer the project. This may include evidence of past experience with projects similar in scope as defined by the NOFO, to include descriptions of the engagement model, examples of successful leadership and management of a project of similar scale and budget (or greater), or related work in this field; (e) Match. If specified as a requirement in the NOFO, the applicant must provide evidence of secured cash matching (1:1) funds or of its ability to secure commitments to receive such funds; (f) Proposed budget. The applicant's proposed budget should identify all costs and proposed expenditures, to include additional compensation and honoraria (and to whom); equipment costs; production costs; and travel costs. The applicant must provide a budget that specifies costs and payments, as well as indirect and other relevant costs. The budget will be submitted in a format specifie… | ||||||
| 38:38:2.0.1.1.11.0.349.22 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.735 Additional factors for deciding applications. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Applicant's history of performance. VA may consider the applicant's record in managing Federal awards, if a prior recipient of a Federal award, including timeliness of compliance with applicable reporting requirements and conformance to the terms and conditions of any previous Federal award. (b) Applicant's financial stability. Applicants must meet and have maintained standards of financial stability for participation in Federal grant programs. | ||||||
| 38:38:2.0.1.1.11.0.349.23 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.740 Scoring and selection. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Scoring. VA will only score complete applications received from eligible applicants by the deadline established in the NOFO. The applications must meet the minimum criteria set forth in § 38.730 and will be scored as specified in the NOFO, as set forth in § 38.725. (b) Selection of recipients. All complete applications will be scored using the criteria in paragraph (a) of this section and ranked in order of highest to lowest total score. NOFO announcements may also clarify the selection criteria in paragraph (a) of this section. The relative weight (point value) for each selection will be specified in the NOFO. VA will award any VLGP grant on the primary basis of the scores but will also consider a risk assessment evaluation. | ||||||
| 38:38:2.0.1.1.11.0.349.24 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.745 Disposition of applications. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Disposition of applications. Upon review of an application and dependent on availability of funds, VA will: (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. VA will notify the applicant in writing of the disposition of the application. A signed grant agreement form, as defined in § 38.755, will be issued to the applicant of an approved application. | ||||||
| 38:38:2.0.1.1.11.0.349.25 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.750 Withdrawal of grant application. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | Applicants may withdraw a VLGP application submitted through Grants.gov by writing the specified VA point of contact and including rationale for the withdrawal request within a certain number of days as determined in the NOFA. | ||||||
| 38:38:2.0.1.1.11.0.349.26 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.755 Grant agreement. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | 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. | ||||||
| 38:38:2.0.1.1.11.0.349.27 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.760 Payments under the grant. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Manner of payment. Recipients are to be paid in accordance with 2 CFR 200.305. (b) Availability of grant funds. Federal financial assistance will become available subsequent to the effective date of the grant as set forth in the grant agreement. Recipients may be reimbursed for costs resulting from obligations incurred before the effective date of the grant, if such costs are authorized by VA in the NOFO or the grant agreement or authorized subsequently by VA in writing, and otherwise would be allowable as costs of the grant under applicable guidelines, regulations, and terms and conditions of the grant agreement. | ||||||
| 38:38:2.0.1.1.11.0.349.28 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.765 Recipient reporting requirements. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Final report. The recipient must submit to VA, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. (b) Additional reporting. Additional reporting requirements may be requested by VA to allow VA to assess program effectiveness. | ||||||
| 38:38:2.0.1.1.11.0.349.29 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.770 Recovery of funds by VA. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Recovery of funds. VA may recover from the recipient any funds that are not used in accordance with a grant agreement. If VA decides to recover such funds, VA will issue to the recipient a notice of intent to recover grant funds, and the recipient will then have 30 days to return the grant funds or submit documentation demonstrating why the grant funds should not be returned. After review of all submitted documentation, VA will determine whether action will be taken to recover the grant funds. (b) Prohibition of additional VLGP payments. When VA makes a final decision to recover grant funds from the recipient, VA must stop further payments of grant funds under this part until the grant funds are recovered and the condition that led to the decision to recover grant funds has been resolved. | ||||||
| 38:38:2.0.1.1.11.0.349.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.603 Gifts and donations. | VA | [70 FR 4769, Jan. 31, 2005, as amended at 81 FR 44795, July 11, 2016] | (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. | ||||||
| 38:38:2.0.1.1.11.0.349.30 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.775 Compliance review requirements. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Site visits. VA may conduct, as needed, site visits to recipient locations to review recipient accomplishments and management control systems. (b) Inspections. VA may conduct, as needed, inspections of recipient records to determine compliance with the provisions of this part. All visits and evaluations will be performed with minimal disruption to the recipient to the extent practicable. | ||||||
| 38:38:2.0.1.1.11.0.349.31 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.780 Financial management. | VA | [86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024] | (a) Compliance. All recipients will comply with applicable requirements of the Single Audit Act Amendments of 1996, as implemented by 2 CFR part 200. (b) Financial Management. All recipients must use a financial management system that complies with 2 CFR part 200. Recipients must meet the applicable requirements of the Office of Management and Budget's regulations on Cost Principles at 2 CFR 200.400-200.476. | ||||||
| 38:38:2.0.1.1.11.0.349.32 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.785 Record retention and access. | VA | [89 FR 107003, Dec. 31, 2024] | 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. | ||||||
| 38:38:2.0.1.1.11.0.349.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.617 Prohibition of interment or memorialization of persons who committed certain Federal or State crimes. | VA | [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] | (a) Persons prohibited. The interment in a national cemetery under control of the National Cemetery Administration of the remains of any person, or memorialization of such person, shall not take place absent a good faith effort by the Under Secretary for Memorial Affairs, or his or her designee, to determine whether such person is barred from receipt of such benefits because the individual for whom interment or memorialization is sought is: (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. ); who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State). (5) A person found, under procedures specified in § 38.618, to have committed a Federal or St… | ||||||
| 38:38:2.0.1.1.11.0.349.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 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. | VA | [70 FR 4769, Jan. 31, 2005, as amended at 89 FR 31638, Apr. 25, 2024] | (a) Inquiry. With respect to a request for interment or memorialization, if a cemetery director has reason to believe that a deceased individual who is otherwise eligible for interment or memorialization may have 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. ), but avoided conviction of such crime by reason of unavailability for trial due to death or flight to avoid prosecution, the cemetery director, with the assistance of the VA district counsel, as necessary, will initiate an inquiry seeking information from Federal, State, or local law enforcement officials, or other sources of potentially relevant information. After completion of this inquiry and any further measures required under paragraphs (c) through (f) of this section, the cemetery director will make a decision on the request for interment or memorialization in accordance with paragraph (b), (e), or (g) of this section. (b) Decision approving request without a proceeding or termination of a claim by personal representative without a proceeding. (1) If, after conducting the inquiry described in paragraph (a) of this section, the cemetery director determines that there is no 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. ) of which he or she was not convicted due to death or flight to avoid prosecution, and the deceased remains otherwise eligible, the cemetery director will make a decision approving the interment or memorialization. (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 memor… | ||||||
| 38:38:2.0.1.1.11.0.349.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.619 Requests for interment, committal services or memorial services, and funeral honors. | VA | [84 FR 38557, Aug. 7, 2019, as amended at 88 FR 51238, Aug. 3, 2023] | (a) Interment requests. A personal representative, as defined in § 38.600, may request interment of an eligible decedent in a national cemetery by contacting the National Cemetery Scheduling Office (NCSO) at 1-800-535-1117. (1) Required information. VA will request the following information from the decedent's personal representative at the time of the request for interment to allow VA to schedule the interment for the decedent: (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). (i) Consistent with paragraph (a)(1)(i) of this section, interment requests pursuant to § 38.620(j) must include the following: (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… | ||||||
| 38:38:2.0.1.1.11.0.349.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.620 Persons eligible for burial. | VA | [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] | 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 year… | ||||||
| 38:38:2.0.1.1.11.0.349.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.621 Disinterments. | VA | [87 FR 50575, Aug. 17, 2022] | (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. (… | ||||||
| 38:38:2.0.1.1.11.0.349.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 38 | PART 38—NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS | § 38.622 Reconsideration of prior interment and memorialization decisions. | VA | [89 FR 58069, July 17, 2024] | (a) General. (1) The Under Secretary for Memorial Affairs (USMA) is the appropriate Federal official who may reconsider a prior decision to inter the remains or honor the memory of a person in a national cemetery. (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. (1) Upon written notification from the United States Attorney General or an appropriate State official that a person interred or memorialized in a national cemetery after December 20, 2013, was convicted of a Federal or State capital crime and whose conviction meets the requirements of 38 U.S.C. 2411(b)(1) or (2), respectively, or was 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 USMA may, upon reconsideration, decide to disinter the remains or remove the memorial headstone or marker of such person from the cemetery. (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 o… |
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