Title 38 — Veterans’ Benefits
Part II · Chapter 24 — National Cemeteries and Memorials
§ 2408. Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries
Statutory text
Subject to subsections (b), (c), (d), and (g), the Secretary may make a grant to any State or county for the following purposes:
Establishing, expanding, or improving a veterans’ cemetery owned by the State or county.
Operating and maintaining such a cemetery.
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.
A grant under this section for a purpose described in subsection (a)(1)(A) shall be subject to the following conditions:
The amount of such a grant may not exceed—
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
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).
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.
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 shall be entitled to recover from such State or county the total of all grants made under this section to such State or county in connection with such cemetery.
A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans’ cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organization at training provided by the National Cemetery Administration.
Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary.
The Secretary may by regulation prescribe such additional terms and conditions for grants used for training costs under this subsection as the Secretary considers appropriate.
In addition to the conditions specified in subsection (b) of this section, any grant to a State or county under this section to assist such State or county in establishing a veterans’ cemetery shall be made on the condition that such cemetery shall conform to such standards and guidelines relating to site selection, planning, and construction as the Secretary may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Secretary shall take into account the standards and guidelines for site selection, planning, and construction that are applicable to cemeteries under the control of the National Cemetery Administration, including those provided in subsections (b), (c), and (d) of section 2404 of this title.
Except as provided in subsection (i), the Secretary may by regulation prescribe such additional terms and conditions for grants under this section as the Secretary considers appropriate.
In addition to the conditions specified in subsections (b) and (c), any grant made to a State or county under this section shall be made subject to the condition specified in paragraph (2).
For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State or county prohibit the interment or memorialization in that cemetery of a person described in section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection—
such notice shall be furnished to an appropriate official of such State or county; and
a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State or county.
Amounts appropriated to carry out this section shall remain available until expended. If all funds from a grant under this section have not been utilized by a State or county for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such State or county.
In any fiscal year, the aggregate amount of grants awarded under this section for the purposes specified in subsection (a)(1)(B) may not exceed $10,000,000.
The Secretary may make grants under this subsection to any tribal organization to assist the tribal organization in establishing, expanding, or improving veterans’ cemeteries, or in operating and maintaining such cemeteries, on trust land owned by, or held in trust for, the tribal organization.
Grants under this subsection shall be made in the same manner, and under the same conditions, as grants to States are made under the preceding provisions of this section.
The Secretary may make a grant to a county under this section only if—
the State in which the county is located does not have a veterans’ cemetery owned by the State;
the State is not in receipt of a grant under this section for the construction of a new veterans’ cemetery to be owned by the State;
the State did not apply for a grant under this section during the previous year;
no tribal organization from the State in which the county is located has a veterans’ cemetery on trust land owned by, or held in trust for, the tribal organization;
no such tribal organization is in receipt of a grant under this section for the construction of a new veterans’ cemetery to be located on such land; and
no such tribal organization applied for a grant under this section during the previous year; and
the county demonstrates in the application under subsection (a)(2), to the satisfaction of the Secretary, that the county has the resources necessary to operate and maintain the veterans’ cemetery owned by the county.
If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State.
If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization.
The Secretary shall prescribe regulations to carry out this subsection.
The Secretary may not establish a condition for a grant under this section that restricts the ability of a State receiving such a grant to inter in a veterans’ cemetery owned by that State any individual described in paragraph (2) solely by reason of the ineligibility of such individual for burial in an open national cemetery under the control of the National Cemetery Administration under section 2402(a) of this title.
An individual described in this paragraph is the following:
Any member of a reserve component of the Armed Forces who was discharged or released from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of such a reserve component.
Any member of the Army National Guard or the Air National Guard who was discharged or released from service under conditions other than dishonorable or whose death occurs under conditions other than dishonorable while a member of the Army National Guard or the Air National Guard.
Any member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force whose death occurs under conditions other than dishonorable while a member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force.
Any spouse of any member described in subparagraphs (A) through (C).
Any minor child or unmarried adult child (as such terms are defined in section 2402(a) of this title) of any member described in subparagraphs (A) through (C).
The Secretary may not deny an application for a grant under this section solely on the basis that the State receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery in which interment of individuals described in subsection (i)(2) is allowed.
The Secretary may not establish a condition for a grant under this section that restricts the ability of a State, county, or tribal organization receiving such a grant to allow the interment of any person described in paragraph (8) or (10) of section 2402(a) of this title in a veterans’ cemetery owned by that State or county or on trust land owned by, or held in trust for, that tribal organization.
The Secretary may not deny an application for a grant under this section solely on the basis that the State, county, or tribal organization receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery in which interment of persons described in paragraph (8) or (10) of section 2402(a) of this title is allowed.
When requested by a State, county, or tribal organization that is the recipient of a grant made under this section, the Secretary shall—
determine whether a person is eligible for burial in a national cemetery under paragraph (8) or (10) of section 2402(a) of this title; and
advise the recipient of the determination.
A recipient described in subparagraph (A) may use a determination of the Secretary under such subparagraph as a determination of the eligibility of the person concerned for burial in the cemetery for which the grant was made.
For purposes of this section:
The term “tribal organization” has the meaning given that term in section 3765(4) of this title.
The term “trust land” has the meaning given that term in section 3765(1) of this title.
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.
Veterans’ Housing Benefits Act of 1978
Pub. L. 95–476 title II § 202(b)(1) · 92 Stat. 1497
Enacted · 38 U.S.C. § 2408
Added Pub. L. 95–476, title II, § 202(b)(1), Oct. 18, 1978, 92 Stat. 1504, § 1008
Source evidence
Code source credit
Added Pub. L. 95–476, title II, § 202(b)(1), Oct. 18, 1978, 92 Stat. 1504, § 1008Enacted provision · exact public law section
(1) Chapter 24 is amended by adding at the end thereof the following new section: 38 USC 1008. “§ 1008. Aid to States for establishment, expansion, and improvement of veterans’ cemeteries “(a) (1) Subject to subsection (b) of this section, the Administrator may make grants to any State to assist such State in establishing, expanding, or improving veterans’ cemeteries owned by such State. Any such grant may be made only upon submission of an application to the Administrator in such form and manner, and containing such information, as the Administrator may require. “(2) There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years for the purpose of making grants under paragraph (1) of this subsection. “(b) Grants under this section shall be subject to the following conditions: “(1) No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year. “(2) The amount of any grant under this section may not exceed an amount equal to 50 per centum of the total of the value of the land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant. “(3) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State’s contribution under paragraph (2) of this subsection, but the value of such land may not be used for more than an amount equal to 50 per centum of the amount of such contribution and may not be used as part of such State’s contribution for any subsequent grant under this section. “(4) If a State that has received a grant under this section to establish, expand, or improve a veterans’ cemetery ceases to own such cemetery, ceases to operate such cemetery as a veterans’ cem-etery, 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 shall be entitled to recover from such State the total of all grants made under this section to such State in connection with such cemetery. “(c) (1) In addition to the conditions specified in subsection (b) of this section, any grant to a State under this section to assist such State in establishing a veterans’ cemetery shall be made on the condition that such cemetery shall conform to such standards and guidelines relating to site selection, planning, and construction as the Administrator may by regulation prescribe. In prescribing regulations for the purposes of the preceding sentence, the Administrator shall take into account the standards and guidelines for site selection, planning, and construction that are applicable tn cemeteries in the National Cemetery System, including those provided in subsections (b), (c), and (d) of section 1004 of this title. “(2) The Administrator may by regulation prescribe such additional terms and conditions for grants under this section as the Administrator considers appropriate. “(d) Sums appropriated under subsection (a) of this section shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated. If all funds from a grant under this section have not been utilized by a State for the purpose for which the grant was made within three years after such grant is made, the United States shall be entitled to recover any such unused grant funds from such State.”.Veterans’ Compensation and Program Improvements Amendments of 1984
Pub. L. 98–223 title II § 202 · 98 Stat. 37
Inserted · 38 U.S.C. § 2408(a)(2)
Pub. L. 98–223 inserted “, and such sums as may be necessary for fiscal year 1985 and for each of the four succeeding fiscal years,” after “fiscal years”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 98–223 inserted “, and such sums as may be necessary for fiscal year 1985 and for each of the four succeeding fiscal years,” after “fiscal years”.Enacted provision · exact public law section
Sec. 202. five-year extension of program to provide assistance to state veterans’ cemeteries Section 1008(a)(2) is amended by inserting a comma and 38 USC 1008. “and such sums as may be necessary for fiscal year 1985 and for each of the four succeeding fiscal years,” after “fiscal years”.Veterans
Pub. L. 100–322 § 343(1) · 102 Stat. 487
Redesignated · 38 U.S.C. § 2408(b)(1)
Pub. L. 100–322, § 343(1)–(3), redesignated par. (2) as (1)
Substituted · 38 U.S.C. § 2408(b)(1)
Pub. L. 100–322, § 343(1)–(3), substituted “percent” for “per centum”
Struck · 38 U.S.C. § 2408(b)(1)
Pub. L. 100–322, § 343(1)–(3), struck out former par. (1) which read as follows: “No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year.”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 100–322, § 343(1)–(3), redesignated par. (2) as (1), substituted “percent” for “per centum”, and struck out former par. (1) which read as follows: “No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year.”Enacted provision · exact public law section
(1) by striking out paragraph (1);Veterans
Pub. L. 100–322 § 343(2) · 102 Stat. 487
Redesignated · 38 U.S.C. § 2408(b)(2)
Pub. L. 100–322, § 343(2)–(4), redesignated par. (3) as (2)
Redesignated · 38 U.S.C. § 2408(b)(2)
Pub. L. 100–322, § 343(2)–(4), substituted “percent” for “per centum” and “paragraph (1)” for “paragraph (2)”. Former par. (2) redesignated (1)
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 100–322, § 343(2)–(4), redesignated par. (3) as (2) and substituted “percent” for “per centum” and “paragraph (1)” for “paragraph (2)”. Former par. (2) redesignated (1).Enacted provision · exact public law section
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;Veterans
Pub. L. 100–322 § 343(2) · 102 Stat. 487
Redesignated · 38 U.S.C. § 2408(b)(3); 38 U.S.C. § 2408(b)(4)
Pub. L. 100–322, § 343(2), redesignated par. (4) as (3). Former par. (3) redesignated (2)
Source evidence
Code amendment note
Subsec. (b)(3), (4). Pub. L. 100–322, § 343(2), redesignated par. (4) as (3). Former par. (3) redesignated (2).Enacted provision · exact public law section
(2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;Veterans’ Benefits Improvement Act of 1988
Pub. L. 100–687 div. B title XVI § 1601 · 102 Stat. 4105
Substituted · 38 U.S.C. § 2408(a)(2)
Pub. L. 100–687 substituted “nine” for second reference to “four”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 100–687 substituted “nine” for second reference to “four”.Enacted provision · exact public law section
SEC. 1601. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR STATE CEMETERY GRANT PROGRAM. Paragraph (2) of section 1008(a) is amended by striking out “four” the second place it appears and inserting in lieu thereof “nine”.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. § 2408(a)(1); 38 U.S.C. § 2408(a)(c)
Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsecs. (a)(1), (c). 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.Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 2408
Pub. L. 102–83, § 5(a), renumbered section 1008 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1008 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.Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 2408(c)(1)
Pub. L. 102–83, § 5(c)(1), substituted “2404” for “1004”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted “2404” for “1004”.Enacted provision · exact public law section
(1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 title VIII § 803 · 108 Stat. 4645
Substituted · 38 U.S.C. § 2408(a)(2)
Pub. L. 103–446 substituted “fourteen” for “nine”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 103–446 substituted “fourteen” for “nine”.Enacted provision · exact public law section
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”.Pub. L. 105–116 § 2 · 111 Stat. 2381
Added · 38 U.S.C. § 2408(d); 38 U.S.C. § 2408(e)
Pub. L. 105–116 added subsec. (d)
Redesignated · 38 U.S.C. § 2408(d); 38 U.S.C. § 2408(e)
Pub. L. 105–116 redesignated former subsec. (d) as (e)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 105–116 added subsec. (d) and redesignated former subsec. (d) as (e).Enacted provision · exact public law section
SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN CEMETERIES. Section 2408 of title 38, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: “(d) (1) In addition to the conditions specified in subsections (b) and (c), any grant made on or after the date of the enactment of this subsection to a State under this section to assist such State in establishing, expanding, or improving a veterans’ cemetery shall be made on the condition described in paragraph (2). “(2) For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State prohibit the interment or memorialization in that cemetery of a person described in section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection— “(A) such notice shall be furnished to an appropriate official of such State; and “(B) a finding described in subsection (b)(3) of such section shall be made by an appropriate official of such State.”.Pub. L. 105–368 § 404(c) · 112 Stat. 3315
Amended · 38 U.S.C. § 2408(a)(2)
Pub. L. 105–368, § 404(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years, and such sums as may be necessary for fiscal year 1985 and for each of the fourteen succeeding fiscal years, for the purpose of making grants under paragraph (1) of this subsection.”
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 105–368, § 404(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years, and such sums as may be necessary for fiscal year 1985 and for each of the fourteen succeeding fiscal years, for the purpose of making grants under paragraph (1) of this subsection.”Enacted provision · exact public law section
(c) Extension of Authorization of Appropriations for Grant Program.— Paragraph (2) of section 2408(a) is amended to read as follows: “(2) There is authorized to be appropriated such sums as may be necessary for fiscal year 1999 and for each succeeding fiscal year through fiscal year 2004 for the purpose of making grants under paragraph (1).”.Pub. L. 105–368 § 404(a)(1) · 112 Stat. 3315
Amended · 38 U.S.C. § 2408(b)(1); 38 U.S.C. § 2408(b)(2)
Pub. L. 105–368, § 404(a)(1), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:
Source evidence
Code amendment note
Subsec. (b)(1), (2). Pub. L. 105–368, § 404(a)(1), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:“(1) The amount of any grant under this section may not exceed an amount equal to 50 percent of the total of the value of the land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant. “(2) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State’s contribution under paragraph (1) of this subsection, but the value of such land may not be used for more than an amount equal to 50 percent of the amount of such contribution and may not be used as part of such State’s contribution for any subsequent grant under this section.”
Enacted provision · exact public law section
(1) Paragraphs (1) and (2) of section 2408(b) are amended to read as follows: “(1) The amount of a grant under this section 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; and (ii) the cost of initial equipment necessary to operate the cemetery; 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. “(2) If the amount of a grant under this section is less than the amount of costs referred to in subparagraph (A) or (B) of paragraph (1), the State receiving the grant shall contribute the excess of such costs over the grant.”Pub. L. 105–368 § 403(c)(8) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2408(c)(1)
Pub. L. 105–368, § 403(c)(8), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System”
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 105–368, § 403(c)(8), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System”.Enacted provision · exact public law section
(8) Section 2408(c)(1) is amended by striking “in the National Cemetery System” and inserting “under the control of the National Cemetery Administration”.Pub. L. 105–368 § 1005(b)(5) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2408(d)(1)
Pub. L. 105–368, § 1005(b)(5), substituted “November 21, 1997,” for “the date of the enactment of this subsection”
Substituted · 38 U.S.C. § 2408(d)(1)
Pub. L. 105–368, § 1005(b)(5), substituted “subject to the condition specified in” for “on the condition described in”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 105–368, § 1005(b)(5), substituted “November 21, 1997,” for “the date of the enactment of this subsection” and “subject to the condition specified in” for “on the condition described in”.Enacted provision · exact public law section
(5) Section 2408(d)(1) is amended— (A) by striking “the date of the enactment of this subsection” and inserting “November 21, 1997,”; and (B) by striking “on the condition described in” and inserting “subject to the condition specified in”.Pub. L. 105–368 § 401(b) · 112 Stat. 3315
Substituted · 38 U.S.C. § 2408(e)
Pub. L. 105–368, § 401(b), substituted “shall remain available until expended” for “shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated” in first sentence
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–368, § 401(b), substituted “shall remain available until expended” for “shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated” in first sentence.Enacted provision · exact public law section
(b) Alternative Commemoration for Certain Spouses.— Such section is further amended by adding at the end the following new subsection: “(e) (1) When the Secretary has furnished a headstone or marker under subsection (a) for the unmarked grave of an individual, the Secretary shall, if feasible, add a memorial inscription to that headstone or marker rather than furnishing a separate headstone or marker under that subsection for the surviving spouse of such individual. “(2) When the Secretary has furnished a memorial headstone or marker under subsection (b) for purposes of commemorating a veteran or an individual who died in the active military, naval, or air service, the Secretary shall, if feasible, add a memorial inscription to that headstone or marker rather than furnishing a separate memorial headstone or marker under that subsection for the surviving spouse of such individual.”.Veterans Benefits Act of 2003
Pub. L. 108–183 § 503(a) · 117 Stat. 2651
Struck · 38 U.S.C. § 2408(a)
Pub. L. 108–183, § 503(a), struck out par. (1) designation before “Subject to”
Struck · 38 U.S.C. § 2408(a)
Pub. L. 108–183, § 503(a), struck out par. (2) which authorized amounts for fiscal years 1999 through 2004 for grants
Source evidence
Code amendment note
Subsec. (a). Pub. L. 108–183, § 503(a), struck out par. (1) designation before “Subject to” and struck out par. (2) which authorized amounts for fiscal years 1999 through 2004 for grants.Enacted provision · exact public law section
(a) Permanent Authority.— Subsection (a) of section 2408 is amended— (1) by striking “(1)”; and (2) by striking paragraph (2).Veterans Benefits Act of 2003
Pub. L. 108–183 § 503(c) · 117 Stat. 2651
Struck · 38 U.S.C. § 2408(d)(1)
Pub. L. 108–183, § 503(c), struck out “on or after November 21, 1997,” after “grant made”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 108–183, § 503(c), struck out “on or after November 21, 1997,” after “grant made”.Enacted provision · exact public law section
(c) Technical Amendment To Repeal Obsolete Provision.— Subsection (d)(1) of such section is amended by striking “on or after November 21, 1997,”.Veterans Benefits Act of 2003
Pub. L. 108–183 § 503(b) · 117 Stat. 2651
Substituted · 38 U.S.C. § 2408(e)
Pub. L. 108–183, § 503(b), substituted “Amounts appropriated to carry out this section” for “Sums appropriated under subsection (a) of this section”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 108–183, § 503(b), substituted “Amounts appropriated to carry out this section” for “Sums appropriated under subsection (a) of this section”.Enacted provision · exact public law section
(b) Conforming Amendment.— Subsection (e) of such section is amended by striking “Sums appropriated under subsection (a) of this section” and inserting “Amounts appropriated to carry out this section”.Veterans Benefits, Health Care, and Information Technology Act of 2006
Pub. L. 109–461 title IV § 403 · 120 Stat. 3403
Added · 38 U.S.C. § 2408(f)
Pub. L. 109–461 added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 109–461 added subsec. (f).Enacted provision · exact public law section
SEC. 403. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR GRANTS FOR THE ESTABLISHMENT OF VETERANS CEMETERIES ON TRUST LANDS. Section 2408 38 USC 2408. is amended by adding at the end the following new subsection: “(f) (1) The Secretary may make grants under this subsection to any tribal organization to assist the tribal organization in establishing, expanding, or improving veterans’ cemeteries on trust land owned by, or held in trust for, the tribal organization. “(2) Grants under this subsection shall be made in the same manner, and under the same conditions, as grants to States are made under the preceding provisions of this section. “(3) For purposes of this subsection: “(A) The term ‘tribal organization’ has the meaning given that term in section 3765(4) of this title. “(B) The term ‘trust land’ has the meaning given that term in section 3765(1) of this title.” .Dr. James Allen Veteran Vision Equity Act of 2007
Pub. L. 110–157 § 202(b)(1) · 121 Stat. 1831
Amended · 38 U.S.C. § 2408(a)
Pub. L. 110–157, § 202(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to subsection (b) of this section, the Secretary may make grants to any State to assist such State in establishing, expanding, or improving veterans’ cemeteries owned by such State. Any such grant 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.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 110–157, § 202(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to subsection (b) of this section, the Secretary may make grants to any State to assist such State in establishing, expanding, or improving veterans’ cemeteries owned by such State. Any such grant 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.”Enacted provision · exact public law section
(1) In general.— Subsection (a) of section 2408 of title 38, United States Code, is amended to read as follows: “(a) (1) Subject to subsection (b), the Secretary may make a grant to any State for the following purposes: “(A) Establishing, expanding, or improving a veterans’ cemetery owned by the State. “(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.” .Dr. James Allen Veteran Vision Equity Act of 2007
Pub. L. 110–157 § 202(b)(3)(A) · 121 Stat. 1831
Substituted · 38 U.S.C. § 2408(b)
Pub. L. 110–157, § 202(b)(3)(A), substituted “A grant under this section for a purpose described in subsection (a)(1)(A)” for “Grants under this section” wherever appearing
Substituted · 38 U.S.C. § 2408(b)
Pub. L. 110–157, § 202(b)(3)(A), substituted “such a grant” for “a grant under this section” wherever appearing
Source evidence
Code amendment note
Subsec. (b). Pub. L. 110–157, § 202(b)(3)(A), substituted “A grant under this section for a purpose described in subsection (a)(1)(A)” for “Grants under this section” in introductory provisions and “such a grant” for “a grant under this section” wherever appearing.Enacted provision · exact public law section
(A) in subsection (b)— (i) by striking “Grants under this section” and inserting “A grant under this section for a purpose described in subsection (a)(1)(A)”; and (ii) by striking “a grant under this section” each place it appears and inserting “such a grant”;Dr. James Allen Veteran Vision Equity Act of 2007
Pub. L. 110–157 § 202(b)(3)(B) · 121 Stat. 1831
Struck · 38 U.S.C. § 2408(d)(1)
Pub. L. 110–157, § 202(b)(3)(B), struck out “to assist such State in establishing, expanding, or improving a veterans’ cemetery” before “shall be made subject”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 110–157, § 202(b)(3)(B), struck out “to assist such State in establishing, expanding, or improving a veterans’ cemetery” before “shall be made subject”.Enacted provision · exact public law section
(B) in subsection (d), by striking “to assist such State in establishing, expanding, or improving a veterans’ cemetery”; andDr. James Allen Veteran Vision Equity Act of 2007
Pub. L. 110–157 § 202(b)(2) · 121 Stat. 1831
Amended · 38 U.S.C. § 2408(e)
Pub. L. 110–157, § 202(b)(2), designated existing provisions as par. (1)
Added · 38 U.S.C. § 2408(e)
Pub. L. 110–157, § 202(b)(2), added par. (2)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 110–157, § 202(b)(2), designated existing provisions as par. (1) and added par. (2).Enacted provision · exact public law section
(2) Limitation on amounts awarded.— Subsection (e) of such section is amended— (A) by inserting “(1)” before “Amounts”; and (B) by adding at the end the following new paragraph: “(2) In any fiscal year, the aggregate amount of grants awarded under this section for the purposes specified in subsection (a)(1)(B) may not exceed $5,000,000.” .Dr. James Allen Veteran Vision Equity Act of 2007
Pub. L. 110–157 § 202(b)(3)(C) · 121 Stat. 1831
Inserted · 38 U.S.C. § 2408(f)(1)
Pub. L. 110–157, § 202(b)(3)(C), inserted “, or in operating and maintaining such cemeteries,” after “veterans’ cemeteries”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 110–157, § 202(b)(3)(C), inserted “, or in operating and maintaining such cemeteries,” after “veterans’ cemeteries”.Enacted provision · exact public law section
(C) in subsection (f)(1), by inserting “, or in operating and maintaining such cemeteries,” after “veterans’ cemeteries”.Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(b)(1) · 134 Stat. 4932
Inserted · 38 U.S.C. § 2408
Pub. L. 116–315, § 2205(b)(1), inserted “, counties, and tribal organizations” after “States” in section catchline
Source evidence
Code amendment note
Pub. L. 116–315, § 2205(b)(1), inserted “, counties, and tribal organizations” after “States” in section catchline.Enacted provision · exact public law section
(1) Section heading.— The heading of such section is amended by inserting “, counties, and tribal organizations” after “States”.Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(a)(1) · 134 Stat. 4932
Inserted · 38 U.S.C. § 2408
Pub. L. 116–315, § 2205(a)(1), inserted “or county” after “State” wherever appearing
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–315, § 2205(a)(1), inserted “or county” after “State” wherever appearing.Enacted provision · exact public law section
(1) by inserting “or county” after “State” each place it appears;Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(a)(2) · 134 Stat. 4932
Substituted · 38 U.S.C. § 2408(a)(1)
Pub. L. 116–315, § 2205(a)(2), substituted “subsections (b), (c), (d), and (g)” for “subsection (b)” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–315, § 2205(a)(2), substituted “subsections (b), (c), (d), and (g)” for “subsection (b)” in introductory provisions.Enacted provision · exact public law section
(2) in subsection (a)(1), in the matter preceding subparagraph (A), by striking “subsection (b)” and inserting “subsections (b), (c), (d), and (g)”;Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(1)(A) · 134 Stat. 4932
Substituted · 38 U.S.C. § 2408(b)(1)(A)
Pub. L. 116–315, § 2208(a)(1)(A), substituted “(ii) the cost” for “and (ii) the cost”
Inserted · 38 U.S.C. § 2408(b)(1)(A)
Pub. L. 116–315, § 2208(a)(1)(A), inserted before semicolon “; and (iii) training costs described in subsection (c)(1)”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 116–315, § 2208(a)(1)(A), substituted “(ii) the cost” for “and (ii) the cost” and inserted before semicolon “; and (iii) training costs described in subsection (c)(1)”.Enacted provision · exact public law section
(A) in subparagraph (A)— (i) by striking “and (ii) the cost” and inserting “(ii) the cost”; and (ii) by inserting “; and (iii) training costs described in subsection (c)(1)” before the semicolon; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(1)(B) · 134 Stat. 4932
Substituted · 38 U.S.C. § 2408(b)(1)(B)
Pub. L. 116–315, § 2208(a)(1)(B), substituted “(ii) the cost” for “and (ii) the cost”
Inserted · 38 U.S.C. § 2408(b)(1)(B)
Pub. L. 116–315, § 2208(a)(1)(B), inserted “; and (iii) training costs described in subsection (c)(1)” before period at end
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 116–315, § 2208(a)(1)(B), substituted “(ii) the cost” for “and (ii) the cost” and inserted “; and (iii) training costs described in subsection (c)(1)” before period at end.Enacted provision · exact public law section
(B) in subparagraph (B)— (i) by striking “and (ii) the cost” and inserting “(ii) the cost”; and (ii) by inserting “; and (iii) training costs described in subsection (c)(1)” before the period;Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(3) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(c)
Pub. L. 116–315, § 2208(a)(3), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–315, § 2208(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).Enacted provision · exact public law section
(3) by inserting after subsection (b) the following new subsection (c): “(c) (1) A grant under this section for a purpose described in subparagraph (A) or (B) of subsection (a)(1) may be used, solely or in part, for training costs, including travel expenses and up to four weeks of lodging expenses, associated with attendance by employees of a veterans’ cemetery owned by a State or on trust land owned by, or held in trust for, a tribal organization at training provided by the National Cemetery Administration. “(2) Any employee described in paragraph (1) who participates in training described in such paragraph shall fulfill a service requirement as determined by the Secretary. “(3) The Secretary may by regulation prescribe such additional terms and conditions for grants used for training costs under this subsection as the Secretary considers appropriate.” .Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(2) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(d); 38 U.S.C. § 2408(e)
Pub. L. 116–315, § 2208(a)(2), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f)
Source evidence
Code amendment note
Subsecs. (d), (e). Pub. L. 116–315, § 2208(a)(2), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).Enacted provision · exact public law section
(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2206 · 134 Stat. 4932
Substituted · 38 U.S.C. § 2408(e)(2)
Pub. L. 116–315, § 2206, substituted “$10,000,000” for “$5,000,000”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 116–315, § 2206, substituted “$10,000,000” for “$5,000,000”.Enacted provision · exact public law section
SEC. 2206. INCREASE IN MAXIMUM AMOUNT OF GRANTS TO STATES, COUNTIES, AND TRIBAL ORGANIZATIONS FOR OPERATING AND MAINTAINING VETERANS’ CEMETERIES. Section 2408(e)(2) of title 38, United States Code, is amended by striking “$5,000,000” and inserting “$10,000,000”.Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(2) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(f)
Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).Enacted provision · exact public law section
(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(a)(4)(A) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(f)(3)
Pub. L. 116–315, § 2205(a)(4)(A), (B), redesignated par. (3) as (h). Such subsec. (h) subsequently redesignated (i)
Source evidence
Code amendment note
Subsec. (f)(3). Pub. L. 116–315, § 2205(a)(4)(A), (B), redesignated par. (3) as (h). Such subsec. (h) subsequently redesignated (i).Enacted provision · exact public law section
(A) by redesignating paragraph (3) as subsection (h);Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(2) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(g)
Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (f) as (g). Another subsec. (g), which was added by Pub. L. 116–315, § 2205(a)(3), was redesignated (h)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (f) as (g). Another subsec. (g), which was added by Pub. L. 116–315, § 2205(a)(3), was redesignated (h).Enacted provision · exact public law section
(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(a)(3) · 134 Stat. 4932
Added · 38 U.S.C. § 2408(g)
Pub. L. 116–315, § 2205(a)(3), added subsec. (g)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–315, § 2205(a)(3), added subsec. (g).Enacted provision · exact public law section
(3) by adding at the end the following new subsection: “(g) (1) The Secretary may make a grant to a county under this section only if— “(A) (i) the State in which the county is located does not have a veterans’ cemetery owned by the State; “(ii) the State is not in receipt of a grant under this section for the construction of a new veterans’ cemetery to be owned by the State; “(iii) the State did not apply for a grant under this section during the previous year; “(iv) no tribal organization from the State in which the county is located has a veterans’ cemetery on trust land owned by, or held in trust for, the tribal organization; “(v) no such tribal organization is in receipt of a grant under this section for the construction of a new veterans’ cemetery to be located on such land; and “(vi) no such tribal organization applied for a grant under this section during the previous year; and “(B) the county demonstrates in the application under subsection (a)(2), to the satisfaction of the Secretary, that the county has the resources necessary to operate and maintain the veterans’ cemetery owned by the county. “(2) (A) If a county and the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the State. “(B) If a county and a tribal organization from the State in which the county is located both apply for a grant under this section for the same year, the Secretary shall give priority to the tribal organization. “(3) The Secretary shall prescribe regulations to carry out this subsection.” ; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(2) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(h)
Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (g), as added by Pub. L. 116–315, § 2205(a)(3), as (h). Another subsec. (h), which was redesignated from (f)(3) by Pub. L. 116–315, § 2205(a)(4)(A), was redesignated (i)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (g), as added by Pub. L. 116–315, § 2205(a)(3), as (h). Another subsec. (h), which was redesignated from (f)(3) by Pub. L. 116–315, § 2205(a)(4)(A), was redesignated (i).Enacted provision · exact public law section
(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2205(a)(4) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(h)
Pub. L. 116–315, § 2205(a)(4), redesignated subsec. (f)(3) as (h) and subpars. (A) and (B) as pars. (1) and (2), respectively
Redesignated · 38 U.S.C. § 2408(h)
Pub. L. 116–315, § 2205(a)(4), substituted “this section” for “this subsection” in introductory provisions. Subsec. (h) subsequently redesignated (i)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–315, § 2205(a)(4), redesignated subsec. (f)(3) as (h) and subpars. (A) and (B) as pars. (1) and (2), respectively, and substituted “this section” for “this subsection” in introductory provisions. Subsec. (h) subsequently redesignated (i).Enacted provision · exact public law section
(4) in subsection (f)— (A) by redesignating paragraph (3) as subsection (h); (B) by moving such subsection, as so redesignated, to the location after subsection (g), as added by paragraph (3); (C) in subsection (h), as so redesignated and moved, by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (D) in the matter preceding paragraph (1), as so redesignated, by striking “this subsection” and inserting “this section”.Effective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
Pub. L. 116–315 § 2208(a)(2) · 134 Stat. 4932
Redesignated · 38 U.S.C. § 2408(i)
Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (h), as redesignated by Pub. L. 116–315, § 2205(a)(4)(A), (B), as (i)
Source evidence
Code amendment note
Subsec. (i). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (h), as redesignated by Pub. L. 116–315, § 2205(a)(4)(A), (B), as (i).Enacted provision · exact public law section
(2) by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; andEffective date note
Pub. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), June 8, 2021, 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [Jan. 5, 2021] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(a)(1) · 136 Stat. 49
Substituted · 38 U.S.C. § 2408(d)(2)
Pub. L. 117–103, § 102(a)(1), substituted “Except as provided in subsection (i), the Secretary may” for “The Secretary may”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 117–103, § 102(a)(1), substituted “Except as provided in subsection (i), the Secretary may” for “The Secretary may”.Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Department of Commerce Appropriations Act, 2022
Pub. L. 117–103 § 102(a)(2) · 136 Stat. 49
Added · 38 U.S.C. § 2408(i)(k)
Pub. L. 117–103, § 102(a)(2), (3), added subsecs. (i) and (j)
Redesignated · 38 U.S.C. § 2408(i)(k)
Pub. L. 117–103, § 102(a)(2), (3), redesignated former subsec. (i) as (k)
Source evidence
Code amendment note
Subsecs. (i) to (k). Pub. L. 117–103, § 102(a)(2), (3), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).Enacted provision · exact public law section
Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).Pub. L. 118–159 div. E title L § 5001 · 138 Stat. 2407
Added · 38 U.S.C. § 2408(k); 38 U.S.C. § 2408(l)
Pub. L. 118–159 added subsec. (k)
Redesignated · 38 U.S.C. § 2408(k); 38 U.S.C. § 2408(l)
Pub. L. 118–159 redesignated former subsec. (k) as (l)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (k), (l). Pub. L. 118–159 added subsec. (k) and redesignated former subsec. (k) as (l).
54 of 56 references resolved to an enrolled provision · 2 unresolved
Editorial Notes
Amendments1984–2024 · 13 rounds
2024
Subsecs. (k), (l). Pub. L. 118–159 added subsec. (k) and redesignated former subsec. (k) as (l).
2022
Subsec. (d)(2). Pub. L. 117–103, § 102(a)(1), substituted “Except as provided in subsection (i), the Secretary may” for “The Secretary may”.
Subsecs. (i) to (k). Pub. L. 117–103, § 102(a)(2), (3), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).
2021
Pub. L. 116–315, § 2205(b)(1), inserted “, counties, and tribal organizations” after “States” in section catchline.
Pub. L. 116–315, § 2205(a)(1), inserted “or county” after “State” wherever appearing.
Subsec. (a)(1). Pub. L. 116–315, § 2205(a)(2), substituted “subsections (b), (c), (d), and (g)” for “subsection (b)” in introductory provisions.
Subsec. (b)(1)(A). Pub. L. 116–315, § 2208(a)(1)(A), substituted “(ii) the cost” for “and (ii) the cost” and inserted before semicolon “; and (iii) training costs described in subsection (c)(1)”.
Subsec. (b)(1)(B). Pub. L. 116–315, § 2208(a)(1)(B), substituted “(ii) the cost” for “and (ii) the cost” and inserted “; and (iii) training costs described in subsection (c)(1)” before period at end.
Subsec. (c). Pub. L. 116–315, § 2208(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).
Subsecs. (d), (e). Pub. L. 116–315, § 2208(a)(2), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 116–315, § 2206, substituted “$10,000,000” for “$5,000,000”.
Subsec. (f). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).
Subsec. (f)(3). Pub. L. 116–315, § 2205(a)(4)(A), (B), redesignated par. (3) as (h). Such subsec. (h) subsequently redesignated (i).
Subsec. (g). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (f) as (g). Another subsec. (g), which was added by Pub. L. 116–315, § 2205(a)(3), was redesignated (h).
Pub. L. 116–315, § 2205(a)(3), added subsec. (g).
Subsec. (h). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (g), as added by Pub. L. 116–315, § 2205(a)(3), as (h). Another subsec. (h), which was redesignated from (f)(3) by Pub. L. 116–315, § 2205(a)(4)(A), was redesignated (i).
Pub. L. 116–315, § 2205(a)(4), redesignated subsec. (f)(3) as (h) and subpars. (A) and (B) as pars. (1) and (2), respectively, and substituted “this section” for “this subsection” in introductory provisions. Subsec. (h) subsequently redesignated (i).
Subsec. (i). Pub. L. 116–315, § 2208(a)(2), redesignated subsec. (h), as redesignated by Pub. L. 116–315, § 2205(a)(4)(A), (B), as (i).
2007
Subsec. (a). Pub. L. 110–157, § 202(b)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to subsection (b) of this section, the Secretary may make grants to any State to assist such State in establishing, expanding, or improving veterans’ cemeteries owned by such State. Any such grant 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.”
Subsec. (b). Pub. L. 110–157, § 202(b)(3)(A), substituted “A grant under this section for a purpose described in subsection (a)(1)(A)” for “Grants under this section” in introductory provisions and “such a grant” for “a grant under this section” wherever appearing.
Subsec. (d)(1). Pub. L. 110–157, § 202(b)(3)(B), struck out “to assist such State in establishing, expanding, or improving a veterans’ cemetery” before “shall be made subject”.
Subsec. (e). Pub. L. 110–157, § 202(b)(2), designated existing provisions as par. (1) and added par. (2).
Subsec. (f)(1). Pub. L. 110–157, § 202(b)(3)(C), inserted “, or in operating and maintaining such cemeteries,” after “veterans’ cemeteries”.
2006
Subsec. (f). Pub. L. 109–461 added subsec. (f).
2003
Subsec. (a). Pub. L. 108–183, § 503(a), struck out par. (1) designation before “Subject to” and struck out par. (2) which authorized amounts for fiscal years 1999 through 2004 for grants.
Subsec. (d)(1). Pub. L. 108–183, § 503(c), struck out “on or after ,” after “grant made”.
Subsec. (e). Pub. L. 108–183, § 503(b), substituted “Amounts appropriated to carry out this section” for “Sums appropriated under subsection (a) of this section”.
1998
Subsec. (a)(2). Pub. L. 105–368, § 404(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “There is authorized to be appropriated $5,000,000 for fiscal year 1980 and for each of the four succeeding fiscal years, and such sums as may be necessary for fiscal year 1985 and for each of the fourteen succeeding fiscal years, for the purpose of making grants under paragraph (1) of this subsection.”
Subsec. (b)(1), (2). Pub. L. 105–368, § 404(a)(1), amended pars. (1) and (2) generally. Prior to amendment, pars. (1) and (2) read as follows:
“(1) The amount of any grant under this section may not exceed an amount equal to 50 percent of the total of the value of the land to be acquired or dedicated for the cemetery and the cost of the improvements to be made on such land, with the remaining amount to be contributed by the State receiving the grant.
“(2) If at the time of a grant under this section the State receiving the grant dedicates for the purposes of the cemetery involved land already owned by the State, the value of such land may be considered in determining the amount of the State’s contribution under paragraph (1) of this subsection, but the value of such land may not be used for more than an amount equal to 50 percent of the amount of such contribution and may not be used as part of such State’s contribution for any subsequent grant under this section.”
Subsec. (c)(1). Pub. L. 105–368, § 403(c)(8), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System”.
Subsec. (d)(1). Pub. L. 105–368, § 1005(b)(5), substituted “,” for “the date of the enactment of this subsection” and “subject to the condition specified in” for “on the condition described in”.
Subsec. (e). Pub. L. 105–368, § 401(b), substituted “shall remain available until expended” for “shall remain available until the end of the second fiscal year following the fiscal year for which they are appropriated” in first sentence.
1997
Subsecs. (d), (e). Pub. L. 105–116 added subsec. (d) and redesignated former subsec. (d) as (e).
1994
Subsec. (a)(2). Pub. L. 103–446 substituted “fourteen” for “nine”.
1991
Pub. L. 102–83, § 5(a), renumbered section 1008 of this title as this section.
Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted “2404” for “1004”.
1989
Subsecs. (a)(1), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1988
Subsec. (a)(2). Pub. L. 100–687 substituted “nine” for second reference to “four”.
Subsec. (b)(1). Pub. L. 100–322, § 343(1)–(3), redesignated par. (2) as (1), substituted “percent” for “per centum”, and struck out former par. (1) which read as follows: “No State may receive grants under this section in any fiscal year in a total amount in excess of 20 per centum of the total amount appropriated for such grants for such fiscal year.”
Subsec. (b)(2). Pub. L. 100–322, § 343(2)–(4), redesignated par. (3) as (2) and substituted “percent” for “per centum” and “paragraph (1)” for “paragraph (2)”. Former par. (2) redesignated (1).
Subsec. (b)(3), (4). Pub. L. 100–322, § 343(2), redesignated par. (4) as (3). Former par. (3) redesignated (2).
1984
Subsec. (a)(2). Pub. L. 98–223 inserted “, and such sums as may be necessary for fiscal year 1985 and for each of the four succeeding fiscal years,” after “fiscal years”.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment; Applicability
Pub. L. 116–315, title II, § 2205(c), , 134 Stat. 4987, as amended by Pub. L. 117–16, § 7(b)(2), , 135 Stat. 285, provided that: “The amendments made by this section [amending this section] shall take on [sic] effect on the date of the enactment of this Act [] and shall apply with respect to grants applications submitted on or after the date that is two years after the date of the enactment of this Act..[sic]”
Effective Date of 1998 Amendment
Pub. L. 105–368, title IV, § 404(a)(2), , 112 Stat. 3339, provided that: “The amendment made by paragraph (1) [amending this section] shall apply with respect to grants under section 2408 of title 38, United States Code, made after the end of the 60-day period beginning on the date of the enactment of this Act [].”
Effective Date
Section effective , see section 205(a) of Pub. L. 95–476, set out as an Effective Date of 1978 Amendment note under section 2303 of this title.
Regulations
Pub. L. 110–157, title II, § 202(b)(4), , 121 Stat. 1833, provided that: “Not later than 180 days after the date of the enactment of this Act [], the Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this subsection [amending this section].”
Prohibition on Enforcing Certain Conditions on Grants for State Veterans’ Cemeteries
Pub. L. 117–103, div. CC, § 102(b), , 136 Stat. 1110, provided that: “The Secretary of Veterans Affairs may not enforce a condition on a grant described in subsection (i)(1) of section 2408 of title 38, United States Code, as added by subsection (a), that was established before the date of the enactment of this Act [].”
Credits
1978–2024 · 15 acts
- 1978Added Pub. L. 95–476, title II, § 202(b)(1), , 92 Stat. 1504, § 1008
- 1984amended Pub. L. 98–223, title II, § 202, , 98 Stat. 41
- 1988Pub. L. 100–322, title III, § 343, , 102 Stat. 540
- 1988Pub. L. 100–687, div. B, title XVI, § 1601, , 102 Stat. 4137
- 1989Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077
- 1991renumbered § 2408 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
- 1994Pub. L. 103–446, title VIII, § 803, , 108 Stat. 4675
- 1997Pub. L. 105–116, § 2, , 111 Stat. 2382
- 1998Pub. L. 105–368, title IV, §§ 403(c)(8), 404(a)(1), (b), (c), title X, § 1005(b)(5), , 112 Stat. 3339, 3365
- 2003Pub. L. 108–183, title V, § 503, , 117 Stat. 2667
- 2006Pub. L. 109–461, title IV, § 403, , 120 Stat. 3430
- 2007Pub. L. 110–157, title II, § 202(b)(1)–(3), , 121 Stat. 1832, 1833
- 2021Pub. L. 116–315, title II, §§ 2205(a), (b)(1), 2206, 2208(a), , 134 Stat. 4986–4988
- 2022Pub. L. 117–103, div. CC, § 102(a), , 136 Stat. 1109
- 2024Pub. L. 118–159, div. E, title L, § 5001, , 138 Stat. 2407.
Show as published
(Added Pub. L. 95–476, title II, § 202(b)(1), , 92 Stat. 1504, § 1008; amended Pub. L. 98–223, title II, § 202, , 98 Stat. 41; Pub. L. 100–322, title III, § 343, , 102 Stat. 540; Pub. L. 100–687, div. B, title XVI, § 1601, , 102 Stat. 4137; Pub. L. 101–237, title III, § 313(b)(1), , 103 Stat. 2077; renumbered § 2408 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 103–446, title VIII, § 803, , 108 Stat. 4675; Pub. L. 105–116, § 2, , 111 Stat. 2382; Pub. L. 105–368, title IV, §§ 403(c)(8), 404(a)(1), (b), (c), title X, § 1005(b)(5), , 112 Stat. 3339, 3365; Pub. L. 108–183, title V, § 503, , 117 Stat. 2667; Pub. L. 109–461, title IV, § 403, , 120 Stat. 3430; Pub. L. 110–157, title II, § 202(b)(1)–(3), , 121 Stat. 1832, 1833; Pub. L. 116–315, title II, §§ 2205(a), (b)(1), 2206, 2208(a), , 134 Stat. 4986–4988; Pub. L. 117–103, div. CC, § 102(a), , 136 Stat. 1109; Pub. L. 118–159, div. E, title L, § 5001, , 138 Stat. 2407.)