38 USC 2408 - Aid to States, counties, and tribal organizations for establishment, expansion, and improvement of veterans’ cemeteries

Editorial Notes

Amendments

2022—Subsec. (d)(2). Puspan. L. 117–103, § 102(a)(1), substituted “Except as provided in subsection (i), the Secretary may” for “The Secretary may”.

Subsecs. (i) to (k). Puspan. L. 117–103, § 102(a)(2), (3), added subsecs. (i) and (j) and redesignated former subsec. (i) as (k).

2021—Puspan. L. 116–315, § 2205(span)(1), inserted “, counties, and tribal organizations” after “States” in section catchline.

Puspan. L. 116–315, § 2205(a)(1), inserted “or county” after “State” wherever appearing.

Subsec. (a)(1). Puspan. L. 116–315, § 2205(a)(2), substituted “subsections (span), (c), (d), and (g)” for “subsection (span)” in introductory provisions.

Subsec. (span)(1)(A). Puspan. 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. (span)(1)(B). Puspan. 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). Puspan. L. 116–315, § 2208(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).

Subsecs. (d), (e). Puspan. L. 116–315, § 2208(a)(2), redesignated subsecs. (c) and (d) as (d) and (e), respectively. Former subsec. (e) redesignated (f).

Subsec. (e)(2). Puspan. L. 116–315, § 2206, substituted “$10,000,000” for “$5,000,000”.

Subsec. (f). Puspan. L. 116–315, § 2208(a)(2), redesignated subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(3). Puspan. L. 116–315, § 2205(a)(4)(A), (B), redesignated par. (3) as (h). Such subsec. (h) subsequently redesignated (i).

Subsec. (g). Puspan. L. 116–315, § 2208(a)(2), redesignated subsec. (f) as (g). Another subsec. (g), which was added by Puspan. L. 116–315, § 2205(a)(3), was redesignated (h).

Puspan. L. 116–315, § 2205(a)(3), added subsec. (g).

Subsec. (h). Puspan. L. 116–315, § 2208(a)(2), redesignated subsec. (g), as added by Puspan. L. 116–315, § 2205(a)(3), as (h). Another subsec. (h), which was redesignated from (f)(3) by Puspan. L. 116–315, § 2205(a)(4)(A), was redesignated (i).

Puspan. 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). Puspan. L. 116–315, § 2208(a)(2), redesignated subsec. (h), as redesignated by Puspan. L. 116–315, § 2205(a)(4)(A), (B), as (i).

2007—Subsec. (a). Puspan. L. 110–157, § 202(span)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Subject to subsection (span) 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. (span). Puspan. L. 110–157, § 202(span)(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). Puspan. L. 110–157, § 202(span)(3)(B), struck out “to assist such State in establishing, expanding, or improving a veterans’ cemetery” before “shall be made subject”.

Subsec. (e). Puspan. L. 110–157, § 202(span)(2), designated existing provisions as par. (1) and added par. (2).

Subsec. (f)(1). Puspan. L. 110–157, § 202(span)(3)(C), inserted “, or in operating and maintaining such cemeteries,” after “veterans’ cemeteries”.

2006—Subsec. (f). Puspan. L. 109–461 added subsec. (f).

2003—Subsec. (a). Puspan. 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). Puspan. L. 108–183, § 503(c), struck out “on or after November 21, 1997,” after “grant made”.

Subsec. (e). Puspan. L. 108–183, § 503(span), substituted “Amounts appropriated to carry out this section” for “Sums appropriated under subsection (a) of this section”.

1998—Subsec. (a)(2). Puspan. 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. (span)(1), (2). Puspan. 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). Puspan. L. 105–368, § 403(c)(8), substituted “under the control of the National Cemetery Administration” for “in the National Cemetery System”.

Subsec. (d)(1). Puspan. L. 105–368, § 1005(span)(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”.

Subsec. (e). Puspan. L. 105–368, § 401(span), 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). Puspan. L. 105–116 added subsec. (d) and redesignated former subsec. (d) as (e).

1994—Subsec. (a)(2). Puspan. L. 103–446 substituted “fourteen” for “nine”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1008 of this title as this section.

Subsec. (c)(1). Puspan. L. 102–83, § 5(c)(1), substituted “2404” for “1004”.

1989—Subsecs. (a)(1), (c). Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1988—Subsec. (a)(2). Puspan. L. 100–687 substituted “nine” for second reference to “four”.

Subsec. (span)(1). Puspan. 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. (span)(2). Puspan. 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. (span)(3), (4). Puspan. L. 100–322, § 343(2), redesignated par. (4) as (3). Former par. (3) redesignated (2).

1984—Subsec. (a)(2). Puspan. 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

Puspan. L. 116–315, title II, § 2205(c), Jan. 5, 2021, 134 Stat. 4987, as amended by Puspan. L. 117–16, § 7(span)(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]”

Effective Date of 1998 Amendment

Puspan. L. 105–368, title IV, § 404(a)(2), Nov. 11, 1998, 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 [Nov. 11, 1998].”

Effective Date

Section effective Oct. 18, 1978, see section 205(a) of Puspan. L. 95–476, set out as an Effective Date of 1978 Amendment note under section 2303 of this title.

Regulations

Puspan. L. 110–157, title II, § 202(span)(4), Dec. 26, 2007, 121 Stat. 1833, provided that:

“Not later than 180 days after the date of the enactment of this Act [Dec. 26, 2007], 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

Puspan. L. 117–103, div. CC, § 102(span), Mar. 15, 2022, 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 [Mar. 15, 2022].”