republic-os/legal/us/code/title-38/chapter-23/section-2308.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	38 U.S.C. § 2308	Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery	us	united_states_code	code_section	38	VETERANS’ BENEFITS	23	BURIAL BENEFITS	2308	38 U.S.C. § 2308	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc38@119-100.zip	/us/usc/t38/s2308	data/legal/raw/us/code/title-38/usc38.xml	2c0c5531ef4ab85d5bdd8971ed580f809082ad49abe97f0d25ae60874eff4781	372998691b72ade88787dfa7633dbda4954bd1b037ec7926c5e06e9b1d17fc66	e1b6c703b4ef4425bbbe031625b91eed90c831fda250d073e2cc5af82c144ad2	2026-07-04	official	legal us-code

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

Text

(a) In General.— The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available.

(b) Deceased Veteran Described.— A deceased veteran described in this subsection is any of the following veterans:

(1) A veteran who dies as the result of a service-connected disability.

(2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).

(3) A veteran whom the Secretary determines is eligible for funeral expenses under section 2303 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section.

(c) Covered Veterans’ Cemetery Defined.— In this section, the term “covered veterans’ cemetery” means a veterans’ cemetery—

(1) in which a deceased veteran described in subsection (b) is eligible to be buried;

(2) that—

(A) is owned by a State; or

(B) is on trust land owned by, or held in trust for, a tribal organization; and

(3) for which the Secretary has made a grant under section 2408 of this title.

(Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§ 2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.)

Notes

Editorial Notes

Amendments2021—Pub. L. 116–315, § 2201(c), inserted “or a covered veterans’ cemetery” after “national cemetery” in section catchline. Subsec. (a). Pub. L. 116–315, § 2202(b)(1)(C)(i), substituted “pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title,” for “pursuant to section 2302 or 2307 of this title,”. Pub. L. 116–315, § 2201(a), substituted “in a national cemetery or a covered veterans’ cemetery” for “in a national cemetery”. Subsec. (b)(3). Pub. L. 116–315, § 2202(b)(1)(C)(ii), substituted “section 2303” for “section 2302” and “subsection (a)(2)(C)” for “subsection (a)(2)(A)”. Subsec. (c). Pub. L. 116–315, § 2201(b), added subsec. (c). 2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted “The Secretary” for “Where a veteran dies as the result of a service-connected disability, or is in receipt of (but for the receipt of retirement pay or pension under this title would have been entitled to) disability compensation, the Secretary”, inserted “described in subsection (b)” after “of the deceased veteran”, and added subsec. (b). 1991—Pub. L. 102–83 renumbered section 908 of this title as this section and substituted “2302 or 2307” for “902 or 907”. 1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 AmendmentPub. L. 116–315, title II, § 2201(e), Jan. 5, 2021, 134 Stat. 4983, provided that: “The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].” Amendment by section 2202(b)(1)(C) of Pub. L. 116–315 applicable to deaths that occur on or after the date that is two years after Jan. 5, 2021, see section 2202(d) of Pub. L. 116–315, set out as a note under section 113 of this title.

Effective Date of 2013 AmendmentPub. L. 112–260, title I, § 104(b)(3), Jan. 10, 2013, 126 Stat. 2420, provided that: “The amendments made by this subsection [amending this section and section 2302 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to burials and funerals occurring on or after the date that is one year after the date of the enactment of this Act.”

Effective DateSection effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amendment note under section 1101 of this title.