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 veteran whom the Secretary deter- mines is eligible for funeral expenses under section 2303 of this title by virtue of the Sec- retary 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 (B) is on trust land owned by, or held in trust for, a tribal organization; and (3) for which the Secretary has made a grant under section 2408 of this title. (Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§ 2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–315, § 2201(c), inserted ‘‘or a covered veterans’ cemetery’’ after ‘‘national cemetery’’ in sec- tion catchline. Subsec. (a). Pub. L. 116–315, § 2202(b)(1)(C)(i), sub- stituted ‘‘pursuant to section 2303 of this title regard- ing veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title,’’ for ‘‘pursuant to section 2302 or 2307 of this title,’’. Pub. L. 116–315, § 2201(a), substituted ‘‘in a national cemetery or a covered veterans’ cemetery’’ for ‘‘in a national cemetery’’. Subsec. (b)(3). Pub. L. 116–315, § 2202(b)(1)(C)(ii), sub- stituted ‘‘section 2303’’ for ‘‘section 2302’’ and ‘‘sub- section (a)(2)(C)’’ for ‘‘subsection (a)(2)(A)’’. Subsec. (c). Pub. L. 116–315, § 2201(b), added subsec. (c). 2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘The Sec- retary’’ for ‘‘Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensa- tion, the Secretary’’, inserted ‘‘described in subsection (b)’’ after ‘‘of the deceased veteran’’, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 908 of this title as this section and substituted ‘‘2302 or 2307’’ for ‘‘902 or 907’’. 1989—Pub. L. 101–237 substituted ‘‘Secretary’’ for ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title II, § 2201(e), Jan. 5, 2021, 134 Stat. 4983, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].’’ Amendment by section 2202(b)(1)(C) of Pub. L. 116–315 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 a note under section 113 of this title. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–260, title I, § 104(b)(3), Jan. 10, 2013, 126 Stat. 2420, provided that: ‘‘The amendments made by this subsection [amending this section and section 2302 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to burials and fu- nerals occurring on or after the date that is one year after the date of the enactment of this Act.’’ EFFECTIVE DATE Section effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amend- ment note under section 1101 of this title. CHAPTER 24—NATIONAL CEMETERIES AND MEMORIALS Sec. 2400. Establishment of National Cemetery Admin- istration; composition of Administration. 2401. Advisory Committee on Cemeteries and Me- morials. 2402. Persons eligible for interment in national cemeteries. 2403. Memorial areas. 2404. Administration. 2405. Disposition of inactive cemeteries. 2406. Acquisition of lands. 2407. Authority to accept and maintain suitable memorials.