§ 2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1976

   Veterans Disability Compensation and Survivor Benefits Act of 1976

   Pub. L. 94–433 title III § 304(a) · 90 Stat. 1374

   Enacted · 38 U.S.C. § 2308

   Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908

   Source evidence

   Code source credit
   Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908

   Enacted provision · exact public law section
   (a) Chapter 23 of title 38, United States Code, is amended by adding at the end thereof the following new section: “§ 908. Transportation of deceased veteran to a national cemetery “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 compensation, the Administrator may pay, in addition to any amount paid pursuant to section 9112 or 907 of this title, the cost of transportation of the deceased veteran for burial in a national 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.”.

2. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 2308

   Pub. L. 101–237 substituted “Secretary” for “Administrator”

   Source evidence

   Code amendment note
   Pub. L. 101–237 substituted “Secretary” for “Administrator”.

   Enacted provision · exact public law section
   (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

3. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Substituted · 38 U.S.C. § 2308

   Pub. L. 102–83 renumbered section 908 of this title as this section and substituted “2302 or 2307” for “902 or 907”

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 908 of this title as this section and substituted “2302 or 2307” for “902 or 907”.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

4. 2013

   Dignified Burial and Other Veterans’ Benefits Improvement Act of 2012

   Pub. L. 112–260 title I § 104(b)(2) · 126 Stat. 2417

   1. Amended · 38 U.S.C. § 2308

      Pub. L. 112–260 designated existing provisions as subsec. (a)

   2. Inserted · 38 U.S.C. § 2308

      Pub. L. 112–260 inserted heading

   3. Substituted · 38 U.S.C. § 2308

      Pub. L. 112–260 substituted “The Secretary” 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 compensation, the Secretary”

   4. Inserted · 38 U.S.C. § 2308

      Pub. L. 112–260 inserted “described in subsection (b)” after “of the deceased veteran”

   5. Added · 38 U.S.C. § 2308

      Pub. L. 112–260 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary” 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 compensation, the Secretary”, inserted “described in subsection (b)” after “of the deceased veteran”, and added subsec. (b).

   Enacted provision · exact public law section
   (2) Transportation costs.— Section 2308 of such title is amended— (A) by striking “Where a veteran” and all that follows through “compensation, the” and inserting “(a) In General.—The”; (B) in subsection (a), as designated by subparagraph (A), by inserting “described in subsection (b)” after “of the deceased veteran”; and (C) by adding at the end the following new subsection: “(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 2302 of this title 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)(A) of such section.” .

5. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 2201(c) · 134 Stat. 4932

   Inserted · 38 U.S.C. § 2308

   Pub. L. 116–315, § 2201(c), inserted “or a covered veterans’ cemetery” after “national cemetery” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 116–315, § 2201(c), inserted “or a covered veterans’ cemetery” after “national cemetery” in section catchline.

   Enacted provision · exact public law section
   (c) Conforming Amendment.— Section 2308 of such title is amended in the section heading by adding at the end the following: “or a covered veterans’ cemetery”.

   Effective date note
   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.

6. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 2202(b)(1)(C)(i) · 134 Stat. 4932

   Substituted · 38 U.S.C. § 2308(a)

   Pub. L. 116–315, § 2202(b)(1)(C)(i), substituted “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,” for “pursuant to section 2302 or 2307 of this title,”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 116–315, § 2202(b)(1)(C)(i), substituted “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,” for “pursuant to section 2302 or 2307 of this title,”.

   Enacted provision · exact public law section
   (i) in subsection (a), by striking “pursuant to section 2302 or 2307 of this title,” and inserting “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,”; and

   Effective date note
   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.

7. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 2201(a) · 134 Stat. 4932

   Substituted · 38 U.S.C. § 2308(a)

   Pub. L. 116–315, § 2201(a), substituted “in a national cemetery or a covered veterans’ cemetery” for “in a national cemetery”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 116–315, § 2201(a), substituted “in a national cemetery or a covered veterans’ cemetery” for “in a national cemetery”.

   Enacted provision · exact public law section
   (a) In General.— Subsection (a) of section 2308 of title 38, United States Code, is amended by striking “in a national cemetery” and inserting “in a national cemetery or a covered veterans’ cemetery”.

   Effective date note
   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.

8. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 2202(b)(1)(C)(ii) · 134 Stat. 4932

   1. Substituted · 38 U.S.C. § 2308(b)(3)

      Pub. L. 116–315, § 2202(b)(1)(C)(ii), substituted “section 2303” for “section 2302”

   2. Substituted · 38 U.S.C. § 2308(b)(3)

      Pub. L. 116–315, § 2202(b)(1)(C)(ii), substituted “subsection (a)(2)(C)” for “subsection (a)(2)(A)”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 116–315, § 2202(b)(1)(C)(ii), substituted “section 2303” for “section 2302” and “subsection (a)(2)(C)” for “subsection (a)(2)(A)”.

   Enacted provision · exact public law section
   (ii) in subsection (b)(3)— (I) by striking “section 2302” and inserting “section 2303”; and (II) by striking “subsection (a)(2)(A)” and inserting “subsection (a)(2)(C)”.

   Effective date note
   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.

9. 2021

   Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

   Pub. L. 116–315 § 2201(b) · 134 Stat. 4932

   Added · 38 U.S.C. § 2308(c)

   Pub. L. 116–315, § 2201(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–315, § 2201(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Covered Veterans’ Cemetery Defined.— Section 2308 of such title is amended by adding at the end the following new subsection: “(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.” .

   Effective date note
   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.

14 of 14 references resolved to an enrolled provision