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38 U.S.C. § 2308 (VETERANS’ BENEFITS)
§ 2308. Transportation of deceased veteran to a national cemetery
(a) In General.—
The Secretary may pay, in addition to any amount paid pursuant to section 2302 or 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery. Such payment shall not exceed the cost of transportation to the national cemetery nearest the veteran’s last place of residence in which burial space is available.
(b) Deceased Veteran Described.—
A deceased veteran described in this subsection is any of the following veterans:
(1) A veteran who dies as the result of a service-connected disability.
(2) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation).
(3) A veteran whom the Secretary determines is eligible for funeral expenses under section 2302 of this title by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(A) of such section.
(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.)
heading: Editorial Notes
heading: Amendments
text: 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2013 Amendment
text: Amendment by Pub. L. 112–260 effective on the date that is one year after Jan. 10, 2013, and applicable with respect to burials and funerals occurring on or after that date, see section 104(b)(3) of Pub. L. 112–260, set out as a note under section 2302 of this title.
heading: Effective Date
text: Section 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.
38 U.S.C. § 2401 (VETERANS’ BENEFITS)
§ 2401. Advisory Committee on Cemeteries and Memorials
There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memorials. The Secretary shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which the Secretary 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 shall make periodic reports and recommendations to the Secretary and to Congress.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1001; amended Pub. L. 99–576, title VII, § 701(53), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2401, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1001 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he” before “is responsible”.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a periodic report to Congress on the Advisory Committee on Cemeteries and Memorials is listed on page 145), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
heading: Termination of Advisory Committees
text: Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
38 U.S.C. § 2405 (VETERANS’ BENEFITS)
§ 2405. Disposition of inactive cemeteries
(a) The Secretary may transfer, with the consent of the agency concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretary’s control to the Department of the Interior for maintenance as 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 of the Interior for such system shall be available for the management and operation of such cemetery.
(b) The Secretary 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 Secretary, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States.
(c) If a cemetery not under the control of the National Cemetery Administration has been or is to be discontinued, the Secretary may provide for the removal of remains from that cemetery to any cemetery under the control of such Administration. The Secretary 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.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 77, § 1005; amended Pub. L. 99–576, title VII, § 701(56), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), (4), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2405, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–368, title IV, § 403(c)(7), Nov. 11, 1998, 112 Stat. 3339.)
heading: Editorial Notes
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–368, in first sentence, substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System” and “under the control of such Administration” for “within such System”.
1991—Pub. L. 102–83 renumbered section 1005 of this title as this section.
1989—Subsec. (a). Pub. L. 101–237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”.
Pub. L. 101–237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer” and “Secretary’s” for “Administrator’s”.
Subsecs. (b), (c). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.
1986—Subsec. (a). Pub. L. 99–576, § 701(56)(A), substituted “the Administrator’s” for “his”.
Subsec. (c). Pub. L. 99–576, § 701(56)(B), substituted “The Administrator” for “He”.
38 U.S.C. § 2406 (VETERANS’ BENEFITS)
§ 2406. Acquisition of lands
As additional lands are needed for national cemeteries, they may be acquired by the Secretary by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best interest of the United States.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1006; amended Pub. L. 99–576, title VII, § 701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2406, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title VI, § 603, Dec. 10, 2004, 118 Stat. 3624.)
heading: Editorial Notes
heading: Amendments
text: 2004—Pub. L. 108—454 inserted “exchange,” after “agencies,”.
1991—Pub. L. 102–83 renumbered section 1006 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he”.
38 U.S.C. § 2407 (VETERANS’ BENEFITS)
§ 2407. Authority to accept and maintain suitable memorials
Subject to such restrictions as the Secretary may prescribe, the Secretary 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. The Secretary may make land available for this purpose, and may furnish such care and maintenance as the Secretary deems necessary.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1007; amended Pub. L. 99–576, title VII, § 701(58), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2407, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1007 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he” in two places and “The Administrator” for “He”.
38 U.S.C. § 2410 (VETERANS’ BENEFITS)
§ 2410. Burial of cremated remains in Arlington National Cemetery
(a) The Secretary of the Army shall designate an area of appropriate size within Arlington National Cemetery for the unmarked interment, in accordance with such regulations as the Secretary may prescribe, of the ashes of persons eligible for interment in Arlington National Cemetery whose remains were cremated. Such area shall be an area not suitable for the burial of casketed remains.
(b) The Secretary of each military department shall make available appropriate forms on which those members of the Armed Forces who so desire may indicate their desire to be buried within the area to be designated under subsection (a).
(c)
(1) The Secretary of the Army shall ensure that, under such regulations as the Secretary may prescribe, the cremated remains of any person described in paragraph (2) are eligible for above ground inurnment in Arlington National Cemetery with military honors in accordance with section 1491 of title 10.
(2) A person described in this paragraph is a person whose service has been determined to be active duty service pursuant to section 401 of the GI Bill Improvement Act of 1977 (Public Law 95–202; 38 U.S.C. 106 note) as of the date of the enactment of this paragraph.
(Added Pub. L. 101–237, title V, § 502(a), Dec. 18, 1989, 103 Stat. 2093, § 1010; amended Pub. L. 102–54, § 14(b)(22), June 13, 1991, 105 Stat. 284; renumbered § 2410, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 114–158, § 1(a), May 20, 2016, 130 Stat. 394.)
heading: Editorial Notes
heading: References in Text
text: The date of the enactment of this paragraph, referred to in subsec. (c)(2), is the date of enactment of Pub. L. 114–158, which was approved May 20, 2016.
heading: Amendments
text: 2016—Subsec. (c). Pub. L. 114–158 added subsec. (c).
1991—Pub. L. 102–83 renumbered section 1010 of this title as this section.
Subsec. (b). Pub. L. 102–54 substituted “each military department” for “the military departments”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Pub. L. 114–158, § 1(b), May 20, 2016, 130 Stat. 394, provided that:
“(1) In general.—
The amendment made by subsection (a) [amending this section] shall apply with respect to—
“(A) the remains of a person that are not formally interred or inurned as of the date of the enactment of this Act [May 20, 2016]; and
“(B) a person who dies on or after the date of the enactment of this Act.
“(2) Formally interred or inurned defined.—
In this subsection, the term ‘formally interred or inurned’ means interred or inurned in a cemetery, crypt, mausoleum, columbarium, niche, or other similar formal location.”
38 U.S.C. § 2410A (VETERANS’ BENEFITS)
§ 2410A. Arlington National Cemetery: other administrative matters
(a) One Gravesite.—
(1) Not more than one gravesite may be provided at Arlington National Cemetery to a veteran or member of the Armed Forces who is eligible for interment or inurnment at such cemetery.
(2) The Secretary of the Army may waive the prohibition in paragraph (1) as the Secretary of the Army considers appropriate.
(b) Prohibition Against Reservation of Gravesites.—
(1) A gravesite at Arlington National Cemetery may not be reserved for an individual before the death of such individual.
(2)
(A) The President may waive the prohibition in paragraph (1) as the President considers appropriate.
(B) Upon waiving the prohibition in paragraph (1), the President shall submit notice of such waiver to—
(i) the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and
(ii) the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.
(Added Pub. L. 112–154, title VI, § 602(a), Aug. 6, 2012, 126 Stat. 1199.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 112–154, title VI, § 602(c), Aug. 6, 2012, 126 Stat. 1200, provided that:
“(1) In general.—
Except as provided in paragraph (2), section 2410A of title 38, United States Code, as added by subsection (a), shall apply with respect to all interments at Arlington National Cemetery after the date of the enactment of this Act [Aug. 6, 2012].
“(2) Exception.—
Subsection (b) of such section, as so added, shall not apply with respect to the interment of an individual for whom a request for a reserved gravesite was approved by the Secretary of the Army before January 1, 1962.”
38 U.S.C. § 2412 (VETERANS’ BENEFITS)
§ 2412. Lease of land and buildings
(a) Lease Authorized.—
The Secretary may lease any undeveloped land and unused or underutilized buildings, or parts or parcels thereof, belonging to the United States and part of the National Cemetery Administration.
(b) Term.—
The term of a lease under subsection (a) may not exceed 10 years.
(c) Lease to Public or Nonprofit Organizations.—
(1) A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).1
(2) Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration of the leased property by the lessee, as a part or all of the consideration for the lease.
(d) Notice.—
Before entering into a lease under subsection (a), the Secretary shall give appropriate public notice of the intention of the Secretary to enter into the lease in a newspaper of general circulation in the community in which the lands or buildings concerned are located.
(e) National Cemetery Administration Facilities Operation Fund.—
(1) There is established on the book of the Treasury an account to be known as the “National Cemetery Administration Facilities Operation Fund” (in this section referred to as the “Fund”).
(2) The Fund shall consist of the following:
(A) Proceeds from the lease of land or buildings under this section.
(B) Proceeds of agricultural licenses of lands of the National Cemetery Administration.
(C) Any other amounts appropriated to or otherwise authorized for deposit in the Fund by law.
(3) Amounts in the Fund shall be available to cover costs incurred by the National Cemetery Administration in the operation and maintenance of property of the Administration.
(4) Amounts in the Fund shall remain available until expended.
(Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)
heading: Editorial Notes
heading: References in Text
text: Section 3709 of the Revised Statutes, referred to in subsec. (c)(1), was classified to section 5 of former Title 41, Public Contracts, and was repealed and restated in section 6101 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855.
38 U.S.C. § 2414 (VETERANS’ BENEFITS)
§ 2414. Communication between Department of Veterans Affairs and medical examiners and funeral directors
(a) Required Information.—
With respect to each deceased veteran described in subsection (b) who is transported to a national cemetery for burial, the Secretary shall ensure that the local medical examiner, funeral director, county service group, or other entity responsible for the body of the deceased veteran before such transportation submits to the Secretary the following information:
(1) Whether the deceased veteran was cremated.
(2) The steps taken to ensure that the deceased veteran has no next of kin.
(b) Deceased Veteran Described.—
A deceased veteran described in this subsection is a deceased veteran—
(1) with respect to whom the Secretary determines that there is no next of kin or other person claiming the body of the deceased veteran; and
(2) who does not have sufficient resources for the furnishing of a casket or urn for the burial of the deceased veteran in a national cemetery, as determined by the Secretary.
(Added Pub. L. 112–260, title I, § 103(a), Jan. 10, 2013, 126 Stat. 2419.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Pub. L. 112–260, title I, § 103(c), Jan. 10, 2013, 126 Stat. 2420, provided that: “Section 2414 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act.”
38 U.S.C. § 3019 (VETERANS’ BENEFITS)
§ 3019. Tutorial assistance
(a) An individual entitled to an educational assistance allowance under this chapter shall also be entitled to benefits provided an eligible veteran under section 3492 of this title, subject to the conditions applicable to an eligible veteran under such section.
(b) The amount of such benefits payable under this section may not exceed $100 per month, for a maximum of twelve months, or until a maximum of $1,200 is utilized. This amount is in addition to the amount of educational assistance allowance payable to the individual under this chapter.
(c)
(1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600.
(2) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational assistance allowance which the individual is otherwise eligible to receive for full-time pursuit of an institutional course under this chapter.
(Added Pub. L. 100–689, title I, § 107(a)(1), Nov. 18, 1988, 102 Stat. 4167, § 1419; renumbered § 3019 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1419 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3492” for “1692”.
38 U.S.C. § 3022 (VETERANS’ BENEFITS)
§ 3022. Amount of supplemental educational assistance
(a) The amount of payment of educational assistance under this chapter is subject to section 3032 of this title. Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under section 3021 of this title shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
(b) In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2559, § 1422; amended Pub. L. 100–689, title I, § 111(a)(5)(B), Nov. 18, 1988, 102 Stat. 4171; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(C), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3022 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 3022 was renumbered section 5122 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1422 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3032” for “1432” and “3021” for “1421” in introductory provisions.
1989—Subsec. (a)(2). Pub. L. 101–237, § 423(b)(1)(A), substituted “Secretary” for “Administrator”.
Subsec. (b). Pub. L. 101–237 inserted “of Defense” after third reference to “Secretary”.
1988—Subsec. (a). Pub. L. 100–689 substituted “The amount of payment of educational assistance under this chapter is subject to section 1432 of this title. Except” for “Subject to section 1432 of this title and except”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.
38 U.S.C. § 3023 (VETERANS’ BENEFITS)
§ 3023. Payment of supplemental educational assistance under this subchapter
The Secretary shall increase the monthly basic educational assistance allowance paid to an individual who is entitled to supplemental educational assistance under this subchapter by the monthly amount of the supplemental educational assistance to which the individual is entitled.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2560, § 1423; amended Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3023, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Editorial Notes
heading: Prior Provisions
text: Prior section 3023 was renumbered section 5123 of this title.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1423 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective July 1, 1986, see section 702(b) of Pub. L. 98–525, set out as a note under section 3021 of this title.