§ 2402. Persons eligible for interment in national cemeteries

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. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 2(a) · 87 Stat. 75

   Enacted · 38 U.S.C. § 2402

   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1002

   Source evidence

   Code source credit
   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1002

   Enacted provision · exact public law section
   (a) Part II of title 38. United States Code, is amended by 72 Stat. 1117. 38 USC 301. adding at the end thereof the following new chapter: “Chapter 24— NATIONAL CEMETERIES AND MEMORIALS “Sec. “1000. Establishment of National Cemetery System; composition of such system; appointment of director. “1001. Advisory committee on cemeteries and memorials. “1002. Persons eligible for interment in national cemeteries. “1003. Memorial areas. “1004. Administration. “1005. Disposition of inactive cemeteries. “1006. Acquisition of lands. “1007. Authority to accept and maintain suitable memorials. “§ 1000. Establishment of National Cemetery System; composition of such system; appointment of director “(a) There shall be within the Veterans’ Administration a National Cemetery System for the interment of deceased servicemen and veterans. To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator. “(b) The National Cemetery System shall consist of— “(1) national cemeteries transferred from the Department of the Army to the Veterans’ Administration by the National Cemeteries Act of 1973; “(2) cemeteries under the jurisdiction of the Veterans’ Administration on the date of enactment of this chapter; and “(3) any other cemetery, memorial, or monument transferred to the Veterans’ Administration by the National Cemeteries Act of 1973, or later acquired or developed by the Administrator. “§ 1001. Advisory Committee on Cemeteries and Memorials “There shall be appointed by the Administrator an Advisory Committee on Cemeteries and Memorials. The Administrator shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which he is responsible, and with respect to the selection of cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee Reports to Administrator of Veterans’ Affairs and Congress. 73 Stat. 453; shall make periodic reports and recommendations to the Administrator and to Congress. “§ 1002. Persons eligible for interment in national cemeteries “Under such regulations as the Administrator may prescribe and subject to the provisions of section 3505 of this title, the remains of 85 Stat. 348. 38 USC 3505. the following persons may be buried in any open national cemetery bi the National Cemetery System: “(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, or air service). “(2) 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 he is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States, “(3) Any member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while he is— “(A) attending an authorized training camp or on an authorized practice cruise; “(B) performing authorized travel to or from that camp or cruise; or “(C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he 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, “(4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the aimed forces of any government allied with the United States during that war, and whose last such service terminated honorably, “(5) The wife, husband, surviving spouse, minor child, and, in the discretion of the Administrator, unmarried adult child of any of the persons listed in paragraphs (1) through (4). “(6) Such other persons or classes of persons as may be designated by the Administrator. “§ 1003. Memorial areas “(a) The Administrator shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces missing in action, or who died or were killed while serving in such forces and whose remains have not been identified, have been buried at sea or have been determined to be nonrecoverable. “(b) Under regulations prescribed by the Administrator, appropriate memorials or markers shall be erected to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section. “(c) All national and other veterans’ cemeteries in the National Cemetery System created by this Act shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Administrator is hereby authorized to permit appropriate officials to fly the flag of the United States of America at such cemeteries twenty-four hours each day. “§ 1004. Administration “(a) The Administrator is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries. “(b) In conjunction with the development and administration of cemeteries for which he is responsible, the Administrator shall provide ail necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria. “(e) Each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Administrator shall by regulation prescribe. “(d) There shall be kept in each national cemetery, and at the main Burial register. office of the Veterans’ Administration, a register of burials in each cemetery setting forth the name of each person buried in the cemetery, the number of the grave in which he is buried, and such other information as the Administrator by regulation may prescribe. “(e) In carrying out his responsibilities under this chapter, the Contract authority. Administrator may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under his jurisdiction as he shall choose, under such terms and conditions as he may prescribe. “(f) The Administrator is authorized to convey to any State, or Approach roads conveyance. political subdivision thereof, in which any national cemetery is located, all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if, prior to the delivery of any instrument of conveyance, the State or political subdivision to which such conveyance is to be made notifies the Administrator in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and delivery of such a conveyance, the jurisdiction of the United States over the road conveyed shall cease and thereafter vest in the State or political subdivision concerned. “(g) Notwithstanding any other provision of law, the Administrator Jurisdiction, relinquishment. may at such time as he deems desirable, relinquish to the State in which any cemetery, monument, or memorial under his jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of jurisdiction under the authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe. “§ 1005. Disposition of inactive cemeteries “(a) The Administrator may transfer, with the consent of the Transfer. agency concerned, any inactive cemetery, burial plot, memorial, or monument within his control to the Department of the Interior for maintenance us a national monument or park, or to any other agency of the Government. Any cemetery transferred to the Department of the Interior shall be administered by the Secretary of the Interior as a part of the National Park System, and funds appropriated to the Secretary for such system shall be available for the management and operation of such cemetery. “(b) The Administrator may also transfer and convey all right, title, and interest of the United States in or to any inactive cemetery or burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot, or the graves and monuments contained therein in a manner satisfactory to the Administrator, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. “(c) If a cemetery not within the National Cemetery System has been or is to be discontinued, the Administrator may provide for the removal of remains from that cemetery to any cemetery within such System. He may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery. “§ 1006. Acquisition of lands “As additional lands are needed for national cemeteries, they may be acquired by the Administrator by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, or otherwise, as he determines to be in the best interest of the Touted States. “§ 1007. Authority to accept and maintain suitable memorials “Subject to such restrictions as he may prescribe, the Administrator may accept, gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery. He may make land available for this purpose, and may furnish such care and maintenance as he deems necessary.”

2. 1986

   Pub. L. 99–576 § 701(54)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2402(2); 38 U.S.C. § 2402(3)

   Pub. L. 99–576, § 701(54)(A), substituted “while such member” for “while he” wherever appearing

   Source evidence

   Code amendment note
   Pars. (2), (3). Pub. L. 99–576, § 701(54)(A), substituted “while such member” for “while he” wherever appearing.

   Enacted provision · exact public law section
   (A) by striking out “he” each place it appears and inserting in lieu thereof “such member”; and

3. 1986

   Pub. L. 99–576 § 701(54)(B) · 100 Stat. 3248

   Struck · 38 U.S.C. § 2402(5)

   Pub. L. 99–576, § 701(54)(B), struck out “wife, husband,” before “surviving spouse”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 99–576, § 701(54)(B), struck out “wife, husband,” before “surviving spouse”.

   Enacted provision · exact public law section
   (B) by striking out “wife, husband,” in paragraph (5).

4. 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. § 2402

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

   Source evidence

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

   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.

5. 1991

   Department of Veterans Affairs Health-Care Personnel Act of 1991

   Pub. L. 102–40 title IV § 402(d)(1) · 105 Stat. 187

   Substituted · 38 U.S.C. § 2402

   Pub. L. 102–40 substituted “6105” for “3505” in introductory provisions

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 102–40 substituted “6105” for “3505” in introductory provisions.

   Enacted provision · exact public law section
   (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

6. 1991

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

   Changed · 38 U.S.C. § 2402

   Pub. L. 102–83 renumbered section 1002 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1002 of this title as this section.

   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.

7. 1994

   Pub. L. 103–240 § 1(b) · 108 Stat. 609

   Inserted · 38 U.S.C. § 2402(5)

   Pub. L. 103–240, § 1(b), inserted “and paragraph (7)” after “paragraphs (1) through (4)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 103–240, § 1(b), inserted “and paragraph (7)” after “paragraphs (1) through (4)”.

   Enacted provision · exact public law section
   (b) Dependents.— Paragraph (5) of such section is amended by inserting “and paragraph (7)” after “paragraphs (1) through (4)”.

8. 1994

   Pub. L. 103–240 § 1(a) · 108 Stat. 609

   Added · 38 U.S.C. § 2402(7)

   Pub. L. 103–240, § 1(a), added par. (7)

   Source evidence

   Code amendment note
   Par. (7). Pub. L. 103–240, § 1(a), added par. (7).

   Enacted provision · exact public law section
   (a) Reservists.— Section 2402 of title 38, United States Code, is amended by inserting after paragraph (6) the following new paragraph (7): “(7) Any person who at the time of death was entitled to retired pay under chapter 67 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age.”.

9. 1994

   Veterans’ Benefits Improvements Act of 1994

   Pub. L. 103–446 title VIII · 108 Stat. 4645

   Inserted · 38 U.S.C. § 2402(5)

   Pub. L. 103–446 inserted “spouse,” after “The” and “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)” after “surviving spouse”

   Source evidence

   Code amendment note
   Par. (5). Pub. L. 103–446 inserted “spouse,” after “The” and “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)” after “surviving spouse”.

   Enacted provision · exact public law
   TITLE VIII— CEMETERIES AND MEMORIAL AFFAIRS SEC. 801. ELIGIBILITY FOR BURIAL IN NATIONAL CEMETERIES OF SPOUSES WHO PREDECEASE VETERANS. Section 2402(5) is amended by inserting “spouse,” after “The”. 38 USC 2402. SEC. 802. RESTORATION OF BURIAL ELIGIBILITY FOR UNREMARRIED SPOUSES. Section 2402(5), as amended by section 801, is further amended by inserting after “surviving spouse” the following: “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)”. SEC. 803. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY GRANT PROGRAM. Paragraph (2) of section 2408(a) is amended by striking out 38 USC 2408. “nine” and inserting in lieu thereof “fourteen”. SEC. 804. AUTHORITY TO USE FLAT GRAVE MARKERS AT THE WILLAMETTE NATIONAL CEMETERY, OREGON. Notwithstanding section 2404(c)(2) of title 38, United States Code, the Secretary of Veterans Affairs may provide for flat grave markers at the Willamette National Cemetery, Oregon.

10. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title II § 211 · 110 Stat. 3322

    Inserted · 38 U.S.C. § 2402(5)

    Pub. L. 104–275 inserted “(which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution)” after “minor child”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 104–275 inserted “(which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution)” after “minor child”.

    Enacted provision · exact public law section
    SEC. 211. CLARIFICATION OF ELIGIBILITY OF MINORS FOR BURIAL IN NATIONAL CEMETERIES. Section 2402(5) is amended by inserting after “minor child” the following: “(which for purposes of this chapter includes a child under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution)”.

11. 1998

    Pub. L. 105–368 title IV § 403(c)(5) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2402

    Pub. L. 105–368 substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System” in introductory provisions

    Source evidence

    Code amendment note
    Pub. L. 105–368 substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System” in introductory provisions.

    Enacted provision · exact public law section
    (5) Section 2402 is amended in the matter preceding paragraph (1) by striking “in the National Cemetery System” andinserting “under the control of the National Cemetery Administration”.

12. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 404(a)(5) · 114 Stat. 1822

    Substituted · 38 U.S.C. § 2402(7)

    Pub. L. 106–419, § 404(a)(5), substituted “chapter 1223 of title 10” for “chapter 67 of title 10”

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 106–419, § 404(a)(5), substituted “chapter 1223 of title 10” for “chapter 67 of title 10”.

    Enacted provision · exact public law section
    (5) Section 2402(7) is amended by striking “chapter 67 of title 10” and inserting “chapter 1223 of title 10”.

13. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 § 331(a) · 114 Stat. 1822

    Added · 38 U.S.C. § 2402(8)

    Pub. L. 106–419, § 331(a), added par. (8)

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 106–419, § 331(a), added par. (8).

    Enacted provision · exact public law section
    (a) Eligibility of Certain Commonwealth Army Veterans.— Section 2402 is amended by adding at the end the following new paragraph: “(8) Any individual whose service is described in section107(a) of this title if such individual at the time of death— “(A) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and “(B) resided in the United States.”.

14. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 502(a) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2402(5)

    Pub. L. 108–183, § 502(a), substituted “(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)” for “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 108–183, § 502(a), substituted “(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)” for “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)”.

    Enacted provision · exact public law section
    (a) Eligibility.— Section 2402(5) is amended by striking “(which for purposes of this chapter includes an unremarried surviving spouse who had a subsequent remarriage which was terminated by death or divorce)” and inserting “(which for purposes of this chapter includes a surviving spouse who had a subsequent remarriage)”.

15. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 212(b) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2402(8)

    Pub. L. 108–183, § 212(b), substituted “subsection (a) or (b) of section 107” for “section 107(a)”

    Source evidence

    Code amendment note
    Par. (8). Pub. L. 108–183, § 212(b), substituted “subsection (a) or (b) of section 107” for “section 107(a)”.

    Enacted provision · exact public law section
    (b) National Cemetery Interment.— Section 2402(8) is amended by striking “section 107(a)” and inserting “subsection (a) or (b) of section 107”.

16. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title V § 502(b) · 124 Stat. 2864

    1. Amended · 38 U.S.C. § 2402

       Pub. L. 111–275 designated existing provisions as subsec. (a), realigned margins

    2. Added · 38 U.S.C. § 2402

       Pub. L. 111–275 added par. (9) of subsec. (a)

    3. Added · 38 U.S.C. § 2402

       Pub. L. 111–275 added subsec. (b)

    Source evidence

    Code amendment note
    Pub. L. 111–275 designated existing provisions as subsec. (a), realigned margins, added par. (9) of subsec. (a), and added subsec. (b).

    Enacted provision · exact public law section
    (b) Interment of Parents of Certain Deceased Veterans.— Section 38 USC 2402. 2402 is amended— (1) in the matter preceding paragraph (1), by striking “Under such regulations” and inserting “(a) Under such regulations”; (2) by moving the margins of paragraphs (1) through (8) two ems to the right; (3) by inserting after paragraph (8) the following new paragraph: “(9) (A) The parent of a person described in subparagraph (B), if the Secretary determines that there is available space at the gravesite where the person described in subparagraph (B) is interred. “(B) A person described in this subparagraph is a person described in paragraph (1) who— “(i) is a hostile casualty or died from a training-related injury; “(ii) is interred in a national cemetery; and “(iii) at the time of the person’s parent’s death, did not have a spouse, surviving spouse, or child who is buried or who, upon death, may be eligible for burial in a national cemetery pursuant to paragraph (5).” ; and (4) by adding at the end the following new subsection: “(b) Definitions. For purposes of subsection (a)(9) of this section: “(1) The term ‘parent’ means a biological father or a biological mother or, in the case of adoption, a father through adoption or a mother through adoption. “(2) The term ‘hostile casualty’ means a person who, as a member of the Armed Forces, dies as the direct result of hostile action with the enemy, while in combat, while going to or returning from a combat mission if the cause of death was directly related to hostile action, or while hospitalized or undergoing treatment at the expense of the United States for injury incurred during combat, and includes a person killed mistakenly or accidentally by friendly fire directed at a hostile force or what is thought to be a hostile force, but does not include a person who dies due to the elements, a self-inflicted wound, combat fatigue, or a friendly force while the person was in an absent-without-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a place of duty. “(3) The term ‘training-related injury’ means an injury incurred by a member of the Armed Forces while performing authorized training activities in preparation for a combat mission.” .

17. 2018

    Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018

    Pub. L. 115–141 div. J title II § 251(a) · 132 Stat. 348

    Added · 38 U.S.C. § 2402(a)(10)

    Pub. L. 115–141 added par. (10)

    Source evidence

    Code amendment note
    Subsec. (a)(10). Pub. L. 115–141 added par. (10).

    Enacted provision · exact public law section
    (a) In General.— Section 2402(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(10) Any individual— “(A) who— “(i) was naturalized pursuant to section 2(1) of the Hmong Veterans’ Naturalization Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 note); and “(ii) at the time of the individual’s death resided in the United States.” .

    Effective date note
    Pub. L. 117–81, div. F, title LXVI, § 6601(b), Dec. 27, 2021, 135 Stat. 2438, provided that: “The amendments made by this section [amending this section] shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141; 132 Stat. 824).”

18. 2018

    Veterans Benefits and Transition Act of 2018

    Pub. L. 115–407 title II § 202(b) · 132 Stat. 5368

    Inserted · 38 U.S.C. § 2402(a)(5)

    Pub. L. 115–407 inserted “, and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult 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 spouse’s or child’s death if such death occurs before October 1, 2024” after “paragraph (7)”

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 115–407 inserted “, and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult 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 spouse’s or child’s death if such death occurs before October 1, 2024” after “paragraph (7)”.

    Enacted provision · exact public law section
    (b) Interment in National Cemeteries.— Section 2402(a)(5) of such title is amended by inserting “, and the spouse, minor child, and, in the discretion of the Secretary, unmarried adult 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 spouse’s or child’s death if such death occurs before October 1, 2024” after “paragraph (7)”.

19. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(39) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 2402(a)(1)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (39) Section 2402(a)(1).

20. 2021

    National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. F title LXVI § 6601(a) · 135 Stat. 1541

    Added · 38 U.S.C. § 2402(a)(10)(B)

    Pub. L. 117–81 added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(10)(B). Pub. L. 117–81 added subpar. (B).

    Enacted provision · exact public law section
    (a) In General.— Section 2402(a)(10) of title 38, United States Code, is amended— (1) by striking the period at the end and inserting “; or”; and (2) by adding at the end the following new subparagraph: “(B) who— “(i) the Secretary determines served honorably with a special guerrilla unit or irregular forces operating from a base in Laos in support of the Armed Forces at any time during the period beginning on February 28, 1961, and ending on May 7, 1975; and “(ii) at the time of the individual’s death— “(I) was a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; and “(II) resided in the United States.” .

    Effective date note
    Pub. L. 117–81, div. F, title LXVI, § 6601(b), Dec. 27, 2021, 135 Stat. 2438, provided that: “The amendments made by this section [amending this section] shall have effect as if included in the enactment of section 251(a) of title II of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2018 (division J of Public Law 115–141; 132 Stat. 824).”

21. 2023

    Space Force Personnel Management Act

    Pub. L. 118–31 div. A title XVII § 1723(b) · 137 Stat. 136

    Inserted · 38 U.S.C. § 2402(a)(2)

    Pub. L. 118–31 inserted “any member of the Space Force,” after “a Reserve component of the Armed Forces,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 118–31 inserted “any member of the Space Force,” after “a Reserve component of the Armed Forces,”.

    Enacted provision · exact public law section
    (b) Persons Eligible for Interment in National Cemeteries.— Section 2402(a) of such title is amended in paragraph (2), by inserting “ any member of the Space Force,” after “a Reserve component of the Armed Forces,”.

22. 2024

    Pub. L. 118–83 div. B title III § 312 · 138 Stat. 1540

    Substituted · 38 U.S.C. § 2402(a)(5)

    Pub. L. 118–83 substituted “September 30, 2025” for “October 1, 2024”

    Unresolved: Pub. L. 118–83 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 118–83 substituted “September 30, 2025” for “October 1, 2024”.

23. 2025

    Pub. L. 118–271 § 3 · 138 Stat. 2991

    Substituted · 38 U.S.C. § 2402(a)(5)

    Pub. L. 118–271 substituted “September 30, 2032” for “September 30, 2025”

    Unresolved: Pub. L. 118–271 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 118–271 substituted “September 30, 2032” for “September 30, 2025”.

22 of 25 references resolved to an enrolled provision · 1 partial · 2 unresolved