US Code

Public Law 119-73 (01/23/2026)

38 U.S.C. § 2308

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

(a)

In General .—

section 2303 of this titlesection 2307 of this titleThe Secretary may pay, in addition to any amount paid pursuant to regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to , 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)
section 2303 of this title A veteran whom the Secretary determines is eligible for funeral expenses under 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)
section 2408 of this title for which the Secretary has made a grant under .

Pub. L. 94–433, title III, § 304(a)90 Stat. 1377Pub. L. 101–237, title III, § 313(b)(1)103 Stat. 2077Pub. L. 102–83, § 5(a)105 Stat. 406Pub. L. 112–260, title I, § 104(b)(2)126 Stat. 2420Pub. L. 116–315, title II134 Stat. 4983(Added , , , § 908; amended , , ; renumbered § 2308 and amended , (c)(1), , ; , , ; , §§ 2201(a)–(c), 2202(b)(1)(C), , , 4985.)

Editorial Notes

Amendments

Pub. L. 116–315, § 2201(c)2021—, inserted “or a covered veterans’ cemetery” after “national cemetery” in section catchline.

Pub. L. 116–315, § 2202(b)(1)(C)(i)section 2303 of this titlesection 2307 of this titleSubsec. (a). , substituted “pursuant to regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to ,” 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”.

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

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

Pub. L. 112–2602013— 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).

Pub. L. 102–83section 908 of this title1991— renumbered as this section and substituted “2302 or 2307” for “902 or 907”.

Pub. L. 101–2371989— substituted “Secretary” for “Administrator”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–315, title II, § 2201(e)134 Stat. 4983

“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 [].”
, , , provided that:

section 2202(b)(1)(C) of Pub. L. 116–315section 2202(d) of Pub. L. 116–315section 113 of this titleAmendment by applicable to deaths that occur on or after the date that is two years after , see , set out as a note under .

Effective Date of 2013 Amendment

Pub. L. 112–260, title I, § 104(b)(3)126 Stat. 2420

section 2302 of this title“The amendments made by this subsection [amending this section and ] shall take effect on the date that is one year after the date of the enactment of this Act [] 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.”
, , , provided that:

Effective Date

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