§ 2303. Death from non-service-connected disability; plot allowance

Footnotes

1. 1 So in original. The period probably should be “; and”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 2303

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 903

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 903

2. 1959

   Alaska Omnibus Act

   Pub. L. 86–70 § 29(a) · 73 Stat. 141

   Substituted · 38 U.S.C. § 2303(b)

   Pub. L. 86–70 substituted “continental United States (including Alaska), the Administrator shall transport the body to the place of burial in the continental United States (including Alaska)” for “continental United States, the Administrator shall transport the body to the place of burial in the United States, or to the place of burial within Alaska if the deceased was a resident of Alaska who had been brought to the United States as a beneficiary of the Veterans’ Administration for hospital or domiciliary care”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–70 substituted “continental United States (including Alaska), the Administrator shall transport the body to the place of burial in the continental United States (including Alaska)” for “continental United States, the Administrator shall transport the body to the place of burial in the United States, or to the place of burial within Alaska if the deceased was a resident of Alaska who had been brought to the United States as a beneficiary of the Veterans’ Administration for hospital or domiciliary care”.

   Enacted provision · exact public law section
   (a) Paragraph (1) of section 5(h) of the Federal Water 62 Stat. 1158. Pollution Control Act (33 U.S.C., supp. V, sec. 466d(h)(1)), relating to Federal share for purposes of matching for program operation, is amended by striking out “(excluding Alaska)” and inserting in lieu thereof “(including Alaska)” and by striking out, in clause (B), “and Alaska”.

3. 1960

   Hawaii Omnibus Act

   Pub. L. 86–624 § 25(b) · 74 Stat. 411

   Substituted · 38 U.S.C. § 2303(b)

   Pub. L. 86–624 substituted “continental United States or Hawaii” for “continental United States (including Alaska)” in two places

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 86–624 substituted “continental United States or Hawaii” for “continental United States (including Alaska)” in two places.

   Enacted provision · exact public law section
   (b) The first sentence of title 38, United States Code, section 903(b), is amended to read as follows: “In addition to the foregoing, when such a death occurs in the continental United States or Hawaii, the Administrator shall transport the body to the place of burial in the continental United States or Hawaii.”

4. 1961

   Pub. L. 87–99 · 75 Stat. 218

   Substituted · 38 U.S.C. § 2303(b)

   Pub. L. 87–99 substituted “a State” and “in the same, or any other State” for “the continental United States or Hawaii” and “in the continental United States or Hawaii”, respectively, and defined State to include Canal Zone

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 87–99 substituted “a State” and “in the same, or any other State” for “the continental United States or Hawaii” and “in the continental United States or Hawaii”, respectively, and defined State to include Canal Zone.

5. 1966

   Veterans

   Pub. L. 89–358 § 4(i) · 80 Stat. 12

   Struck · 38 U.S.C. § 2303(b)

   Pub. L. 89–358 struck out last sentence including the Canal Zone in the term “State” for purposes of subsec. (b), now incorporated in section 101(20) of this title

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 89–358 struck out last sentence including the Canal Zone in the term “State” for purposes of subsec. (b), now incorporated in section 101(20) of this title.

   Enacted provision · exact public law section
   (i) Section 903(b) of such title 38 is amended by deleting the last sentence thereof.

6. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 5(a)(1) · 87 Stat. 75

   1. Substituted · 38 U.S.C. § 2303

      Pub. L. 93–43, in revising text, substituted reference to section “611” for “611(a)” in opening text of subsec. (a)

   2. Amended · 38 U.S.C. § 2303

      Pub. L. 93–43, in revising text, designated existing provisions of subsec. (a) as first part of par. (1) of such subsec. (a), incorporated provisions of former subsec. (c) as second part of par. (1) of subsec. (a)

   3. Redesignated · 38 U.S.C. § 2303

      Pub. L. 93–43, in revising text, redesignated former subsec. (b) as par. (2) of subsec. (a)

   4. Added · 38 U.S.C. § 2303

      Pub. L. 93–43, in revising text, added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 93–43, in revising text, substituted reference to section “611” for “611(a)” in opening text of subsec. (a), designated existing provisions of subsec. (a) as first part of par. (1) of such subsec. (a), incorporated provisions of former subsec. (c) as second part of par. (1) of subsec. (a), redesignated former subsec. (b) as par. (2) of subsec. (a), and added subsec. (b).

   Enacted provision · exact public law section
   (1) amending section 003 to read as follows: “§ 903. Death in Veterans’ Administration facility; plot allowance “(a) Where death occurs in a Veterans’ Administration facility to which the deceased was properly admitted for hospital or domiciliary 72 Stat. 1141; 84 Stat. 1096. care under section 610 or 611 of this title, the Administrator— “(1) shall pay the actual cost (not to exceed $250) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Veterans’ Administration; and “(2) shall, when such a death occurs in a State, transport the body to the place of burial in the same or any other State. “(b) In addition to the foregoing, if such a “veteran, or a veteran eligible for a burial allowance under section 902 of this title, is not buried in a national cemetery or other cemetery under the jurisdiction of the United States, the Administrator, in his discretion, having due regard for the circumstances in each case, may pay a sum not exceeding $150, as a plot or interment allowance to such person as he prescribes. In any case where any part of the plot or interment expenses have been paid or assumed by a State, any agency or political subdivision of a State, or the employer of the deceased veteran, no claim for such allowance shall be allowed for more than the différence between the entire amount of the expenses incurred and the amount paid or assumed by any or all of the foregoing entities.”; and

7. 1976

   Veterans Medical Technical and Conforming Amendments of 1976

   Pub. L. 94–581 title II § 204 · 90 Stat. 2842

   1. Inserted · 38 U.S.C. § 2303(a)

      Pub. L. 94–581 inserted “, nursing home,” after “hospital”

   2. Substituted · 38 U.S.C. § 2303(a)

      Pub. L. 94–581 substituted “611(a)” for “611” in provisions preceding par. (1)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 94–581 inserted “, nursing home,” after “hospital” and substituted “611(a)” for “611” in provisions preceding par. (1).

   Enacted provision · exact public law section
   Sec. 204. Chapter 23 of title 38, United States Code, is amended by inserting in subsection (a) of section 903 a comma and “nursing home,” after “hospital”, and by striking out “611” and inserting in lieu thereof “611(a)” in such subsection.

8. 1978

   An Act for the creation of an American Battle Monuments Commission to erect suitable memorials commemorating the services of the American soldier in Europe, and for other purposes

   Pub. L. 95–479 title III § 303(a) · 92 Stat. 1560

   Substituted · 38 U.S.C. § 2303(a)(1)

   Pub. L. 95–479 substituted “$300” for $250”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 95–479 substituted “$300” for $250”.

   Enacted provision · exact public law section
   (a) Section 902(a) and section 903(a)(1) are amended by striking out “$250” and inserting in lieu thereof “$300”.

9. 1978

   Veterans’ Housing Benefits Act of 1978

   Pub. L. 95–476 title II § 202(a) · 92 Stat. 1497

   Substituted · 38 U.S.C. § 2303(b)

   Pub. L. 95–476 substituted provisions requiring Administrator to pay an interment allowance of $150 to a State or an agency or subdivision of a State, for burial of an eligible veteran in a cemetery, reserved for burial of persons eligible for burial in a national cemetery, owned by the State or such agency or political subdivision, or to any person prescribed by Administrator for burial of an eligible veteran in a cemetery other than one so reserved for provisions authorizing Administrator in his discretion to pay up to $150 as an interment allowance to any person he prescribed

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 95–476 substituted provisions requiring Administrator to pay an interment allowance of $150 to a State or an agency or subdivision of a State, for burial of an eligible veteran in a cemetery, reserved for burial of persons eligible for burial in a national cemetery, owned by the State or such agency or political subdivision, or to any person prescribed by Administrator for burial of an eligible veteran in a cemetery other than one so reserved for provisions authorizing Administrator in his discretion to pay up to $150 as an interment allowance to any person he prescribed.

   Enacted provision · exact public law section
   (a) Subsection (b) of section 903 is amended to read as follows: 38 USC 903i. “(b) In addition to the benefits provided for under section 902 of 38 USC 902. this title and subsection (a) of this section, in the case of a veteran who is eligible for a burial allowance under such section 902, or under such subsection, and who is not buried in a national cemetery or other cemetery under the jurisdiction of the United States— “(1) if such veteran is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons eligible for burial in a national cemetery, and (B) is owned by a State or by an agency or political subdivision of a State, the Administrator shall pay to such State, agency, or political subdivision the sum of $150 as a plot or interment allowance for such veteran; and “(2) if such veteran is buried in a cemetery, or a section of a cemetery, other than as described in clause (1) of this subsection, the Administrator shall pay a sum not exceeding $150 as a plot or interment allowance to such person as the Administrator prescribes, except that if any part of the plot or interment costs of a burial to which this clause applies has been paid or assumed by a State, an agency or political subdivision of a State, or a former employer of the deceased veteran, no claim for such allowance shall be allowed for more than the difference between the entire amount of the expenses incurred and the amount paid or assumed by any or all of the foregoing entities.”.

10. 1981

    Pub. L. 97–35 title XX § 2001(b) · 95 Stat. 357

    Inserted · 38 U.S.C. § 2303(b)

    Pub. L. 97–35 inserted provisions relating to a veteran discharged from active duty for a disability incurred or aggravated in the line of duty, or a war veteran

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–35 inserted provisions relating to a veteran discharged from active duty for a disability incurred or aggravated in the line of duty, or a war veteran.

    Enacted provision · exact public law section
    (b) Section 903(b) of such title is amended by inserting “who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war” after “such subsection,”.

11. 1982

    Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 title IV § 404(a) · 96 Stat. 1429

    1. Substituted · 38 U.S.C. § 2303(a)

       Pub. L. 97–306 substituted “When a veteran dies in a Veterans’ Administration facility (as defined in section 601(4) of this title)” for “Where death occurs in a Veterans’ Administration facility”

    2. Inserted · 38 U.S.C. § 2303(a)

       Pub. L. 97–306 inserted “or in an institution at which the deceased veteran was receiving nursing home care under section 620 of this title at the expense of the United States at the time of death” after “611(a) of this title

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–306 substituted “When a veteran dies in a Veterans’ Administration facility (as defined in section 601(4) of this title)” for “Where death occurs in a Veterans’ Administration facility” and inserted “or in an institution at which the deceased veteran was receiving nursing home care under section 620 of this title at the expense of the United States at the time of death” after “611(a) of this title.

    Enacted provision · exact public law section
    (a) Section 903(a) is amended— 38 USC 903. (1) by striking out “Where death occurs in a Veterans’ Administration facility” and inserting in lieu thereof “When a veteran dies in a Veterans’ Administration facility (as defined in section 601(4) of this title)”; and (2) by inserting “or in an institution at which the deceased veteran was receiving nursing home care under section 620 of this title at the expense of the United States at the time of death” after “of this title”.

12. 1986

    Veterans’ Health-Care Amendments of 1986

    Pub. L. 99–272 title XIX § 19012(c)(4) · 100 Stat. 82

    Inserted · 38 U.S.C. § 2303(a)

    Pub. L. 99–272 inserted “hospital care in accordance with section 603 of this title or”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–272 inserted “hospital care in accordance with section 603 of this title or”.

    Enacted provision · exact public law section
    (4) Section 903(a) is amended by inserting “hospital care in accordance with section 603 of this title or” after “was receiving”.

13. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 2303

    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

14. 1990

    Omnibus Budget Reconciliation Act of 1990

    Pub. L. 101–508 title VIII § 8042(a) · 104 Stat. 1388

    Inserted · 38 U.S.C. § 2303(b)(2)

    Pub. L. 101–508 inserted “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)” after “if such veteran”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–508 inserted “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)” after “if such veteran”.

    Enacted provision · exact public law section
    (a) In General.— Section 903(b)(2) of title 38, United States Code, is amended by inserting “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)” after “(2) if such veteran”.

15. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2303

    Pub. L. 102–83, § 5(a), renumbered section 903 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 903 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

16. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2303

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in section catchline

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in section catchline.

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

17. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 2303(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1701(4)” for “601(4)” in introductory provisions

    2. Substituted · 38 U.S.C. § 2303(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1710 or 1711(a)” for “610 or 611(a)” in introductory provisions

    3. Substituted · 38 U.S.C. § 2303(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1703” for “603” in introductory provisions

    4. Substituted · 38 U.S.C. § 2303(a)

       Pub. L. 102–83, § 5(c)(1), substituted “1720” for “620” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “1701(4)” for “601(4)”, “1710 or 1711(a)” for “610 or 611(a)”, “1703” for “603”, and “1720” for “620” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

18. 1991

    Pub. L. 102–83 § 4(a)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2303(a)

    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (1)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(3), (4), substituted “Department” for “Veterans’ Administration” in introductory provisions and in par. (1).

    Enacted provision · exact public law section
    (3) Such title is further amended by striking out “Veterans’ Administration” each place it appears (other than as amended under paragraphs (1) and (2) and as specified in paragraph (4)) and inserting in lieu thereof “Department”.

19. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2303(b)

    Pub. L. 102–83, § 5(c)(1), substituted “2302” for “902” in two places in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2302” for “902” in two places in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

20. 1996

    Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title II § 212 · 110 Stat. 3322

    Amended · 38 U.S.C. § 2303(a)

    Pub. L. 104–275 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “When a veteran dies in a Department facility (as defined in section 1701(4) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title or in an institution at which the deceased veteran was receiving hospital care in accordance with section 1703 of this title or nursing home care under section 1720 of this title at the expense of the United States at the time of death, the Secretary—

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–275 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “When a veteran dies in a Department facility (as defined in section 1701(4) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title or in an institution at which the deceased veteran was receiving hospital care in accordance with section 1703 of this title or nursing home care under section 1720 of this title at the expense of the United States at the time of death, the Secretary—

    “(1) shall pay the actual cost (not to exceed $300) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and “(2) shall, when such a death occurs in a State, transport the body to the place of burial in the same or any other State.”

    Enacted provision · exact public law section
    SEC. 212. BURIAL BENEFITS FOR CERTAIN VETERANS WHO DIE IN STATE NURSING HOMES. Subsection (a) of section 2303 is amended to read as follows: “(a) (1) When a veteran dies in a facility described in paragraph (2), the Secretary shall— “(A) pay the actual cost (not to exceed $300) of the burial and funeral or, within such limits, may make contracts for such services without regard to the laws requiring advertisement for proposals for supplies and services for the Department; and “(B) when such a death occurs in a State, transport the body to the place of burial in the same or any other State. “(2) A facility described in this paragraph is— “(A) a Department facility (as defined in section 1701(4) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or “(B) an institution at which the deceased veteran was, at the time of death, receiving— “(i) hospital care in accordance with section 1703 of this title; “(ii) nursing home care under section 1720 of this title; or “(iii) nursing home care for which payments are made under section 1741 of this title. ”.

21. 1997

    Pub. L. 105–114 title IV § 401(a) · 111 Stat. 2277

    Substituted · 38 U.S.C. § 2303(a)(2)(A)

    Pub. L. 105–114 substituted “a facility of the Department (as defined in section 1701(3) of this title)” for “a Department facility (as defined in section 1701(4) of this title)”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 105–114 substituted “a facility of the Department (as defined in section 1701(3) of this title)” for “a Department facility (as defined in section 1701(4) of this title)”.

    Enacted provision · exact public law section
    (a) Plot Allowance for Deaths in Department Facilities.— Section 2303(a)(2)(A) is amended by striking out “a Department facility (as defined in section 1701(4) of this title)” and inserting in lieu thereof “a facility of the Department (as defined in section 1701(3) of this title)”.

22. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 333(a) · 114 Stat. 1822

    Amended · 38 U.S.C. § 2303(b)(1)(A)

    Pub. L. 106–419 amended cl. (A) generally. Prior to amendment, cl. (A) read as follows: “is used solely for the interment of persons eligible for burial in a national cemetery, and”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 106–419 amended cl. (A) generally. Prior to amendment, cl. (A) read as follows: “is used solely for the interment of persons eligible for burial in a national cemetery, and”.

    Enacted provision · exact public law section
    (a) In General.— Section 2303(b)(1)(A) is amended to read as follows: “(A) is used solely for the interment of persons who are (i) eligible for burial in a national cemetery, and (ii) members of a reserve component of the Armed Forces not otherwise eligible for such burial or former members of such a reserve component not otherwise eligible for such burial who are discharged or released from service under conditions other than dishonorable, and”.

23. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title V § 501(b)(1) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2303(b)(1); 38 U.S.C. § 2303(b)(2)

    Pub. L. 107–103 substituted “$300” for “$150”

    Source evidence

    Code amendment note
    Subsec. (b)(1), (2). Pub. L. 107–103 substituted “$300” for “$150”.

    Enacted provision · exact public law section
    (1) Section 2303(b) is amended by striking “$150” each place it appears and inserting “$300”.

24. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 501(a)(1) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2303(b)

    Pub. L. 108–183, § 501(a)(1), in introductory provisions, substituted “burial in a national cemetery under section 2402 of this title” for “a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–183, § 501(a)(1), in introductory provisions, substituted “burial in a national cemetery under section 2402 of this title” for “a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war”.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking “a burial allowance under such section 2302, or under such subsection, who was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, or who is a veteran of any war” and inserting “burial in a national cemetery under section 2402 of this title”; and

25. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 501(a)(2) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2303(b)(2)

    Pub. L. 108–183, § 501(a)(2), substituted “is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran” for “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–183, § 501(a)(2), substituted “is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran” for “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)”.

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “(other than a veteran whose eligibility for benefits under this subsection is based on being a veteran of any war)” and inserting “is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such veteran”.

26. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 501(a) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2303(a)(1)(A)

    Pub. L. 111–275, § 501(a), substituted “$700 (as increased from time to time under subsection (c))” for “$300”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 111–275, § 501(a), substituted “$700 (as increased from time to time under subsection (c))” for “$300”.

    Enacted provision · exact public law section
    (a) Increase in Burial and Funeral Expenses for Deaths in Department Facilities.— Paragraph (1)(A) of subsection (a) of section 2303 38 USC 2303. is amended by striking “$300” and inserting “$700 (as increased from time to time under subsection (c))”.

27. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 501(b) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2303(b)

    Pub. L. 111–275, § 501(b), substituted “$700 (as increased from time to time under subsection (c))” for “$300” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–275, § 501(b), substituted “$700 (as increased from time to time under subsection (c))” for “$300” in pars. (1) and (2).

    Enacted provision · exact public law section
    (b) Increase in Amount of Plot Allowances.— Subsection (b) of such section is amended by striking “$300” both places it appears and inserting “$700 (as increased from time to time under subsection (c))”.

28. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 § 501(c) · 124 Stat. 2864

    Added · 38 U.S.C. § 2303(c)

    Pub. L. 111–275, § 501(c), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 111–275, § 501(c), added subsec. (c).

    Enacted provision · exact public law section
    (c) Annual Adjustment.— Such section is further amended by adding at the end the following new subsection: “(c) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the maximum amount of burial and funeral expenses payable under subsection (a) and in the maximum amount of the plot or internment allowance payable under subsection (b), equal to the percentage by which— “(1) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds “(2) the Consumer Price Index for the 12-month period preceding the 12-month period described in paragraph (1).” .

29. 2015

    Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 title VI § 601(13) · 129 Stat. 530

    Substituted · 38 U.S.C. § 2303(c)

    Pub. L. 114–58 substituted “interment” for “internment” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–58 substituted “interment” for “internment” in introductory provisions.

    Enacted provision · exact public law section
    (13) in section 2303(c), by striking “internment” and inserting “interment”;

30. 2018

    Caring for Our Veterans Act of 2018

    Pub. L. 115–182 title I § 144(a)(1)(C) · 132 Stat. 1393

    Substituted · 38 U.S.C. § 2303(a)(2)(B)(i)

    Pub. L. 115–182 substituted “with sections 1703A, 8111, and 8153” for “with section 1703”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 115–182 substituted “with sections 1703A, 8111, and 8153” for “with section 1703”.

    Enacted provision · exact public law section
    (C) in section 2303(a)(2)(B)(i), by striking “with section 1703” and inserting “with sections 1703A, 8111, and 8153”.

31. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 926(a)(37) · 134 Stat. 3388

    Substituted · 38 U.S.C. § 2303(b)(2)

    Pub. L. 116–283 substituted “air, or space service” for “or air service”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283 substituted “air, or space service” for “or air service”.

    Enacted provision · exact public law section
    (37) Section 2303(b)(2).

32. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(3)(A) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2303

    Pub. L. 116–315, § 2202(a)(3)(A), substituted “Death from non-service-connected disability” for “Death in Department facility” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 116–315, § 2202(a)(3)(A), substituted “Death from non-service-connected disability” for “Death in Department facility” in section catchline.

    Enacted provision · exact public law section
    (A) in the section heading, by striking “Death in Department facility” and inserting “Death from non-service-connected disability”; and

    Effective date note
    Amendment by 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.

33. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(3)(B)(i) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2303(a)(1)

    Pub. L. 116–315, § 2202(a)(3)(B)(i), substituted “a veteran described in paragraph (2) dies” for “a veteran dies in a facility described in paragraph (2)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 116–315, § 2202(a)(3)(B)(i), substituted “a veteran described in paragraph (2) dies” for “a veteran dies in a facility described in paragraph (2)”.

    Enacted provision · exact public law section
    (i) in paragraph (1), by striking “a veteran dies in a facility described in paragraph (2)” and inserting “a veteran described in paragraph (2) dies”;

    Effective date note
    Amendment by 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.

34. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(3)(B)(ii) · 134 Stat. 4932

    1. Added · 38 U.S.C. § 2303(a)(2)

       Pub. L. 116–315, § 2202(a)(3)(B)(ii), added par. (2)

    2. Struck · 38 U.S.C. § 2303(a)(2)

       Pub. L. 116–315, § 2202(a)(3)(B)(ii), struck out former par. (2) which read as follows: “A facility described in this paragraph is—

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 116–315, § 2202(a)(3)(B)(ii), added par. (2) and struck out former par. (2) which read as follows: “A facility described in this paragraph is—

    “(A) a facility of the Department (as defined in section 1701(3) of this title) to which the deceased was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or “(B) an institution at which the deceased veteran was, at the time of death, receiving— “(i) hospital care in accordance with sections 1703A, 8111, and 8153 of this title; “(ii) nursing home care under section 1720 of this title; or “(iii) nursing home care for which payments are made under section 1741 of this title.”

    Enacted provision · exact public law section
    (ii) by striking paragraph (2) and inserting the following new paragraph (2): “(2) A veteran described in this paragraph is a deceased veteran who is not covered by section 2307 of this title and who meets any of the following criteria: “(A) The deceased veteran dies in— “(i) a facility of the Department (as defined in section 1701(3) of this title) to which the deceased veteran was properly admitted for hospital, nursing home, or domiciliary care under section 1710 or 1711(a) of this title; or “(ii) an institution at which the deceased veteran was, at the time of death, receiving— “(I) hospital care in accordance with sections 1703A, 8111, and 8153 of this title; “(II) nursing home care under section 1720 of this title; or “(III) nursing home care for which payments are made under section 1741 of this title. “(B) At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) is in receipt of compensation under chapter 11 of this title (or but for the receipt of retirement pay would have been entitled to such compensation) or was in receipt of pension under chapter 15 of this title. “(C) The Secretary determines— “(i) the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) has no next of kin or other person claiming the body of the deceased veteran; and “(ii) that there are not available sufficient resources to cover burial and funeral expenses.” ;

    Effective date note
    Amendment by 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.

35. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(3)(B)(iii)(I) · 134 Stat. 4932

    Struck · 38 U.S.C. § 2303(b)

    Pub. L. 116–315, § 2202(a)(3)(B)(iii)(I), struck out “section 2302 of this title and” before “subsection (a) of this section”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 116–315, § 2202(a)(3)(B)(iii)(I), struck out “section 2302 of this title and” before “subsection (a) of this section”.

    Enacted provision · exact public law section
    (I) in the matter preceding paragraph (1), by striking “section 2302 of this title and”; and

    Effective date note
    Amendment by 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.

36. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(3)(B)(iii)(II) · 134 Stat. 4932

    Struck · 38 U.S.C. § 2303(b)(2)

    Pub. L. 116–315, § 2202(a)(3)(B)(iii)(II), struck out “under section 2302 of this title or” before “under subsection (a) of this section”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–315, § 2202(a)(3)(B)(iii)(II), struck out “under section 2302 of this title or” before “under subsection (a) of this section”.

    Enacted provision · exact public law section
    (II) in paragraph (2), by striking “under section 2302 of this title or”; and

    Effective date note
    Amendment by 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.

37. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(3)(B)(iv) · 134 Stat. 4932

    Substituted · 38 U.S.C. § 2303(d)

    Pub. L. 116–315, § 2202(3)(B)(iv), substituted “With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), except as” for “Except as”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 116–315, § 2202(3)(B)(iv), substituted “With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), except as” for “Except as”.

    Enacted provision · exact public law section
    (iv) in subsection (d), as added by paragraph (1) of this subsection, by striking “Except as” and inserting “With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), except as”.

    Effective date note
    Amendment by 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.

38. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 § 2202(a)(1) · 134 Stat. 4932

    Changed · 38 U.S.C. § 2303(d)

    Pub. L. 116–315, § 2202(a)(1), transferred subsec. (b) of section 2302 of this title to subsec. (d) of this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–315, § 2202(a)(1), transferred subsec. (b) of section 2302 of this title to subsec. (d) of this section.

    Enacted provision · exact public law section
    (1) By transferring subsection (b) of section 2302 to the end of section 2303 and redesignating such subsection as subsection (d).

    Effective date note
    Amendment by 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.

39. 2022

    Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 102(c)(1)(A) · 136 Stat. 49

    Amended · 38 U.S.C. § 2303(b)(1)

    Pub. L. 117–103, § 102(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “if such veteran is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons who are (i) eligible for burial in a national cemetery, and (ii) members of a reserve component of the Armed Forces not otherwise eligible for such burial or former members of such a reserve component not otherwise eligible for such burial who are discharged or released from service under conditions other than dishonorable, and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $700 (as increased from time to time under subsection (c)) as a plot or interment allowance for such veteran; and”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 117–103, § 102(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “if such veteran is buried (without charge for the cost of a plot or interment) in a cemetery, or a section of a cemetery, that (A) is used solely for the interment of persons who are (i) eligible for burial in a national cemetery, and (ii) members of a reserve component of the Armed Forces not otherwise eligible for such burial or former members of such a reserve component not otherwise eligible for such burial who are discharged or released from service under conditions other than dishonorable, and (B) is owned by a State or by an agency or political subdivision of a State, the Secretary shall pay to such State, agency, or political subdivision the sum of $700 (as increased from time to time under subsection (c)) as a plot or interment allowance for such veteran; and”.

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

40. 2022

    Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 102(c)(1)(B) · 136 Stat. 49

    Inserted · 38 U.S.C. § 2303(b)(2)

    Pub. L. 117–103, § 102(c)(1)(B), inserted “tribal organization,” after “of a State,”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 117–103, § 102(c)(1)(B), inserted “tribal organization,” after “of a State,”.

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

41. 2022

    Department of Commerce Appropriations Act, 2022

    Pub. L. 117–103 § 102(c)(2) · 136 Stat. 49

    Added · 38 U.S.C. § 2303(e)

    Pub. L. 117–103, § 102(c)(2), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 117–103, § 102(c)(2), added subsec. (e).

    Enacted provision · exact public law section
    Sec. 102. During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

48 of 50 references resolved to an enrolled provision · 2 partial