38 U.S.C. § 2408
(a)
(1) Subject to subsection (b), the Secretary may make a grant to any State for the following purposes:
(b) A grant under this section for a purpose described in subsection (a)(1)(A) shall be subject to the following conditions:
(1) The amount of such a grant may not exceed—
(c)
(d)
(e)
(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—
(f)
(g)
(3) For purposes of this subsection:
(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. 116–315, title II, §§ 2205(a), (b)(1), (c), , 134 Stat. 4986, 4987, provided that, effective on the date that is two years after , this section is amended as follows:
(1) in section catchline, by inserting “, counties, and tribal (2)organizations” after “States”;
(2) by inserting “or county” after “State” each place it appears;
(3) in subsection (a)(1), in the matter preceding subparagraph (A), by striking “subsection (b)” and inserting “subsections (b), (c), (d), and (g)”;
(4) in subsection (f), by redesignating paragraph (3) as subsection (h);
(5) by adding 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.”; and
(6) by moving subsection (h), as redesignated, to follow subsection (g), and amending it as follows:
(A) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and
(B) in the matter preceding paragraph (1), as so redesignated, by striking “this subsection” and inserting “this section”.
See Codification note and 2021 Amendment notes below.
Section 2208(a)(2) of Pub. L. 116–315 redesignated subsecs. (f), (g), and (h) of this section as (g), (h), and (i), respectively, effective on . However, this section did not contain subsecs. (g) and (h) until their addition by section 2205(a)(3) and (4)(A) of Pub. L. 116–315, which was not effective until 2 years after . The redesignations of subsecs. (g) and (h) were executed to reflect the probable intent of Congress, notwithstanding that they were redesignated 2 years before they existed. By the same token, the amendment by section 2205(a)(4)(A), which redesignated subsec. (f)(3) as (h), was executed to subsec. (g)(3) as the probable intent of Congress because the redesignation of subsec. (f) as (g) by section 2208(a)(2) had already taken effect. See 2021 Amendment notes below.
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)”.
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. (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). See Codification note above.
Pub. L. 116–315, § 2205(a)(3), added subsec. (g), which had already been redesignated (h). See Codification note above.
Subsec. (g)(3). Pub. L. 116–315, § 2205(a)(4)(A)–(C), redesignated par. (3) as (h) and subpars. (A) and (B) as pars. (1) and (2), respectively. Amendment was directed to subsec. (f)(3) but executed to (g)(3) to reflect the probable intent of Congress. See Codification note above.
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 (g)(3) (formerly (f)(3)) by Pub. L. 116–315, § 2205(a)(4)(A), was redesignated (i). See Codification note above.
Pub. L. 116–315, § 2205(a)(4)(A)–(C), redesignated subsec. (g)(3) as (h) (which had already been redesignated (i)) and subpars. (A) and (B) as pars. (1) and (2), respectively. Amendment was directed to subsec. (f)(3) but executed to (g)(3) to reflect the probable intent of Congress. See Codification note above.
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). See Codification note above.
Pub. L. 116–315, § 2205(a)(4)(D), which directed amendment of subsec. (h) by substituting “this section” for “this subsection” in introductory provisions, was executed by making the substitution in subsec. (i) to reflect the probable intent of Congress and the redesignation of subsec. (h) as (i) by Pub. L. 116–315, § 2208(a)(2).
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”.
Pub. L. 116–315, title II, § 2205(c), , 134 Stat. 4987, provided that:
“The amendments made by this section [amending this section] shall take on effect on the date that is two years after the date of the enactment of this Act [
Jan. 5, 2021].”
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 [
Nov. 11, 1998].”
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.
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 [
Dec. 26, 2007], the Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this subsection [amending this section].”