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Federal Register / Vol. 86, No. 149 / Friday, August 6, 2021 / Rules and Regulations
regarding the provision of Governmentfurnished headstones, markers, and medallions to eligible individuals.
These revisions clarify eligibility for headstones, markers, or medallions, establish replacement criteria for such headstones, markers, and medallions consistent with VA policy, define the term unmarked grave consistent with VA policy, and generally reorganize and simplify current regulatory language for ease of understanding.
The final rule is effective September 7, 2021.

DATES:

Department of Veterans Affairs, 4850
Lemay Ferry Road, Suite 205, St. Louis, MO 63129. Telephone: 3144166304
this is not a toll-free number.
SUPPLEMENTARY INFORMATION: In a document published on February 6, 2019 84 FR 2093, VA proposed revising its regulations governing the provision of Government headstones, markers, and medallions to eligible individuals. The public comment period ended on April 8, 2019. VA received 66
comments from interested individuals, which we address in categories below.
Introductory Matters In the proposed rule, VA specifically requested public comments on proposed 38 CFR 38.630b3iE1, which
FOR FURTHER INFORMATION CONTACT:

Artis L. Parker, Executive Director, Office of Field Programs, National Cemetery Administration NCA, Current regulation
Location of applicable provisions in the final regulation
38.600a1
38.600a2
38.600b
38.630a and b
38.630c
38.630c1
38.630c1iiii
38.630c2
38.630c3iii
38.631a
38.631b1
38.361b2
38.631b3
38.631c and d
38.631e
38.631f
38.632a
38.632b
38.632c

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38.632d
38.632e
38.632f
38.632g
38.632h

Similarly, VA received no comments on proposed 38.620j, which proposed to add burial eligibility criteria for a group of individuals to reflect statutory changes that were made by Public Law 115141. That Public Law amended 38 U.S.C. 2402a to establish eligibility for certain individuals naturalized pursuant to the Hmong Veterans Naturalization Act of 2000 Pub. L. 106207those who served on behalf of the United States during the Vietnam War and who were residing in the United States at the time of the individuals death, which must have occurred on or after March 23, 2018, the effective date of the law.
However, upon review, the pertinent public laws do not render spouses and
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would allow VA to replace existing Government-furnished headstones and markers to correct factual information provided to VA as part of the initial application process. As VA was not part of the application process until 1973, we noted in the preamble to this proposed rule that this provision would not apply to Government-furnished headstones or markers provided prior to 1973. VA received no comments about this provision. Therefore, VA makes no changes to this provision.
VA also received no comments on the proposed reorganization of a large portion of current Part 38 regulations.
The new regulatory framework is reflected in the following chart:

38.630c1.
38.631c1.
38.600a1a9.
38.630b2 and 38.631b2.
38.631a and b2iii.
38.631a.
38.631a1iiii.
38.631c2.
38.361a1iii.
38.630a2i and b1iiiB.
38.630a2iiA.
38.630a2i.
38.630a2iAF.
38.630b4i.
38.631b4.
38.630b1iiiC.
38.630b2ii.
38.630b1.
38.631b1.
38.632a.
38.632b.
38.630b1.
38.631b1.
38.632c.
38.632d.
38.632e.
38.632f.
38.632g.

surviving spouses of these Hmong fighters eligible for burial or memorialization. To align our previous proposal to public law, this final rule does not include the proposed inclusion of the phrase or spouses of such individuals in 38.630a1iiF and a2iF. Because this change merely brings the regulation in conformance with the statutory authority, it is unnecessary to solicit public comment on the change.
On December 31, 2018, before the proposed rule was published in the Federal Register, the President signed Public Law 115407, which revised 38
U.S.C. 2306 and 2402a5. Section 201
of the public law authorized VA to extend certain burial benefits to eligible
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spouses and dependents buried in a Tribal Veterans cemetery. Section 202
of the public law authorized VA to extend certain burial benefits and national cemetery interment to eligible spouses and dependents of active duty Servicemembers serving under conditions other than dishonorable, as shown by a statement from a general court-martial convening authority, at the time of the spouses or dependents death that occurs prior to October 1, 2024.
To reflect these new statutory authorities, this final rule amends VAs regulation on burial eligibility, 38.620, by adding paragraph k to authorize VA
to inter the spouse, minor child, and unmarried adult child of a member of
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