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38 U.S.C. § 2308 — Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2308 — Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

**(a) In General.—** The Secretary may pay, in addition to any amount paid pursuant to [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim) regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim), the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available. **(b) Deceased Veteran Described.—** A deceased veteran described in this subsection is any of the following veterans: (1) A veteran who dies as the result of a service-connected disability. (2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation). (3) A veteran whom the Secretary determines is eligible for funeral expenses under [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim) by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section. **(c) Covered Veterans’ Cemetery Defined.—** In this section, the term “covered veterans’ cemetery” means a veterans’ cemetery— (1) in which a deceased veteran described in subsection (b) is eligible to be buried; (2) that— (A) is owned by a State; or

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Source file: Laws/federal/codes/united-states-code/title-38/section-2308-transportation-of-deceased-veteran-to-a-national-cemetery-or-a-covered-v--b6caa39fcb.md
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Source location: Title 38, Chapter 23, § 2308; chapter-023-burial-benefits.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 1101 — Definitions

For the purposes of this chapter— (1) The term “veteran” includes a person who died in the active military, naval, air, or space service. (2) The term “period of war” includes, in the case of any veteran— (A) any period of service performed by such veteran after November 11, 1918, and before July 2, 1921, if such veteran served in the active military, naval, air, or space service after April 5, 1917, and before November 12, 1918; and (B) any period of continuous service performed by such veteran after December 31, 1946, and before July 26, 1947, if such period began before January 1, 1947. (3) The term “chronic disease” includes—Anemia, primary Arteriosclerosis Arthritis Atrophy, progressive muscular Brain hemorrhage Brain thrombosis Bronchiectasis Calculi of the kidney, bladder, or gallbladder Cardiovascular-renal disease, including hypertension Cirrhosis of the liver Coccidioidomycosis Diabetes mellitus Encephalitis lethargica residuals Endocarditis Endocrinopathies Epilepsies Hansen’s disease Hodgkin’s disease Leukemia Lupus erythematosus, systemic Myasthenia gravis Myelitis Myocarditis Nephritis Organic diseases of the nervous system Osteitis deformans (Paget’s disease) Osteomalacia Palsy, bulbar Paralysis agitans Psychoses Purpura idiopathic, hemorrhagic Raynaud’s disease Sarcoidosis Scleroderma Sclerosis, amyotrophic lateral Sclerosis, multiple Syringomyelia Thromboangiitis obliterans (Buerger’s disease) Tuberculosis, active Tumors, malignant, or of the brain or spinal cord or peripheral nerves Ulcers, peptic (gastric or duodenal) and such other chronic diseases as the Secretary may add to this list. (4) The term “tropical disease” includes—Amebiasis Blackwater fever Cholera Dracontiasis Dysentery Filiariasis Hansen’s disease Leishmaniasis, including kal

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2303 — Death from non-service-connected disability; plot allowance

**(a)** (1) When a veteran described in paragraph (2) dies, the Secretary shall— (A) pay the actual cost (not to exceed $700 (as increased from time to time under subsection (c))) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and (B) when such a death occurs in a State, transport the body to the place of burial in the same or any other State. (2) A veteran described in this paragraph is a deceased veteran who is not covered by [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim) and who meets any of the following criteria: (A) The deceased veteran dies in— (i) a facility of the Department (as defined in [section 1701(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1701/3&num=0&edition=prelim)) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or (ii) an institution at which the deceased veteran was, at the time of death, receiving— (I) hospital care in accordance with sections 1703A, 8111, and 8153 of this title; (II) nursing home care under [section 1720 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1720&num=0&edition=prelim); or (III) nursing home care for which payments are made under [section 1741 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1741&num=0&edition=prelim). (B) At the time of death, the deceased veteran (including a person who died during a period deemed t

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 113 — Treatment of certain programs under sequestration procedures

**(a)** The following programs shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) et seq.) or any other sequestration law and shall not be included in any report specifying reductions in Federal spending: (1) Benefits under chapter 21 of this title, relating to specially adapted housing and mortgage-protection life insurance for certain veterans with service-connected disabilities. (2) Benefits under [section 2307 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2307&num=0&edition=prelim), relating to burial benefits for veterans who die as the result of a service-connected disability. (3) Benefits under chapter 39 of this title, relating to automobiles and adaptive equipment for certain disabled veterans and members of the Armed Forces. (4) Assistance and services under chapter 31 of this title, relating to training and rehabilitation for certain veterans with service-connected disabilities. (5) Benefits under chapter 35 of this title, relating to educational assistance for survivors and dependents of certain veterans with service-connected disabilities. (6) Benefits under subchapters I, II, and III of chapter 37 of this title, relating to housing loans for certain veterans and for the spouses and surviving spouses of certain veterans. **(b)** The following accounts of the Department shall be exempt from sequestration or reduction under part C of the Balanced Budget and Emergency Deficit Control Act of 1985 ([2 U.S.C. 901](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section901&num=0&edition=prelim) et seq.) o

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2408 — Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries

**(a)** (1) Subject to subsections (b), (c), (d), and (g), the Secretary may make a grant to any State or county for the following purposes: (A) Establishing, expanding, or improving a veterans’ cemetery owned by the State or county. (B) Operating and maintaining such a cemetery. (2) A grant under paragraph (1) may be made only upon submission of an application to the Secretary in such form and manner, and containing such information, as the Secretary may require. **(b)** A grant under this section for a purpose described in subsection (a)(1)(A) shall be subject to the following conditions: (1) The amount of such a grant may not exceed— (A) in the case of the establishment of a new cemetery, the sum of: (i) the cost of improvements to be made on the land to be converted into a cemetery; (ii) the cost of initial equipment necessary to operate the cemetery; and (iii) training costs described in subsection (c)(1); and (B) in the case of the expansion or improvement of an existing cemetery, the sum of: (i) the cost of improvements to be made on any land to be added to the cemetery; and (ii) the cost of any improvements to be made to the existing cemetery; and (iii) training costs described in subsection (c)(1). (2) If the amount of such a grant is less than the amount of costs referred to in subparagraph (A) or (B) of paragraph (1), the State or county receiving the grant shall contribute the excess of such costs over the grant. (3) If a State or county that has received such a grant to establish, expand, or improve a veterans’ cemetery ceases to own such cemetery, ceases to operate such cemetery as a veterans’ cemetery, or uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States s

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2302 — Repealed. Pub. L. 116–315, title II, § 2202(a)(2), Jan. 5, 2021, 134 Stat. 4984]

### Statutory Notes Section, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 902; Pub. L. 88–359, July 7, 1964, 78 Stat. 296; Pub. L. 89–360, Mar. 7, 1966, 80 Stat. 29; Pub. L. 95–476, title II, § 203(b), Oct. 18, 1978, 92 Stat. 1506; Pub. L. 95–479, title III, § 303(a), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 97–35, title XX, § 2001(a)(1), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97–306, title IV, § 403[(a)], Oct. 14, 1982, 96 Stat. 1443; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2302, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(1), Jan. 10, 2013, 126 Stat. 2420, authorized funeral expenses for a deceased veteran. #### Effective Date of Repeal Repeal of section applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as an Effective Date of 2021 Amendment note under [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section113&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2307 — Death from service-connected disability

In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under [section 8134(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8134/a&num=0&edition=prelim) in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of [section 2303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2303&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2308 — Transportation of deceased veteran to a

Page 618 TITLE 38—VETERANS’ BENEFITS § 2308 paragraph (1) [amending this section] shall apply to deaths occurring on or after September 11, 2001.’’ EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–322 effective Apr. 1, 1988, see section 304 of Pub. L. 100–322, set out as a note under section 2102 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title. EFFECTIVE DATE Section effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 93–43, set out as a note under section 2306 of this title. § 2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery (a) IN GENERAL.—The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cem- etery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available. (b) DECEASED VETERAN DESCRIBED.—A de- ceased veteran described in this subsection is any of the following veterans: (1) A veteran who dies as the result of a serv- ice-connected disability. (2) A veteran who dies while in receipt of dis- ability compensation (or who but for the re- ceipt of retirement pay or pension under this title, would have been entitled to compensa- tion). (3) A ve

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