§ 2302. — Funeral expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2302]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 23--BURIAL BENEFITS
Sec. 2302. Funeral expenses
(a) In the case of a deceased veteran--
(1) who at the time of death was in receipt of compensation (or
but for the receipt of retirement pay would have been entitled to
compensation) or was in receipt of pension, or
(2) who was a veteran of any war or was discharged or released
from the active military, naval, or air service for a disability
incurred or aggravated in line of duty, whose body is held by a
State (or a political subdivision of a State), and with respect to
whom the Secretary determines--
(A) that there is no next of kin or other person claiming
the body of the deceased veteran, and
(B) that there are not available sufficient resources to
cover burial and funeral expenses,
the Secretary, in the Secretary's discretion, having due regard to the
circumstances in each case, may pay a sum not exceeding $300 to such
person as the Secretary prescribes to cover the burial and funeral
expenses of the deceased veteran and the expense of preparing the body
and transporting it to the place of burial. For the purpose of this
subsection, the term ``veteran'' includes a person who died during a
period deemed to be active military, naval, or air service under section
106(c) of this title.
(b) Except as hereafter provided in this subsection, no deduction
shall be made from the burial allowance because of the veteran's net
assets at the time of the death of such veteran, or because of any
contribution from any source toward the burial and funeral expenses
(including transportation) unless the amount of expenses incurred is
covered by the amount actually paid therefor by the United States, a
State, any agency or political subdivision of the United States or of a
State, or the employer of the deceased veteran. No claim shall be
allowed (1) for more than the difference between the entire amount of
the expenses incurred and the amount paid by any or all of the
foregoing, or (2) when the burial allowance would revert to the funds of
a public or private organization or would discharge such an
organization's obligation without payment. The burial allowance or any
part thereof shall not be paid in any case where specific provision is
otherwise made for payment of expenses of funeral, transportation, and
interment under any other Act.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, Sec. 902; Pub. L. 88-359,
July 7, 1964, 78 Stat. 296; Pub. L. 89-360, Mar. 7, 1966, 80 Stat. 29;
Pub. L. 95-476, title II, Sec. 203(b), Oct. 18, 1978, 92 Stat. 1506;
Pub. L. 95-479, title III, Sec. 303(a), Oct. 18, 1978, 92 Stat. 1565;
Pub. L. 97-35, title XX, Sec. 2001(a)(1), Aug. 13, 1981, 95 Stat. 781;
Pub. L. 97-306, title IV, Sec. 403[(a)], Oct. 14, 1982, 96 Stat. 1443;
Pub. L. 101-237, title III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat.
2077; renumbered Sec. 2302, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105
Stat. 406.)
Amendments
1991--Pub. L. 102-83 renumbered section 902 of this title as this
section.
1989--Subsec. (a). Pub. L. 101-237 substituted ``Secretary'' and
``Secretary's'' for ``Administrator'' and ``Administrator's'',
respectively, wherever appearing.
1982--Subsec. (a). Pub. L. 97-306 substituted requirement of a
deceased veteran who at the time of death was in receipt of compensation
(or but for the receipt of retirement pay would have been entitled to
compensation) or was in receipt of pension, or who was a veteran of any
war or was discharged or released from the active military, naval, or
air service for a disability incurred or aggravated in line of duty,
whose body is held by a State (or a political subdivision of a State),
and with respect to whom the Administrator determines that there is no
next of kin or other person claiming the body of the deceased veteran,
and that there are not available sufficient resources to cover burial
and funeral expenses, for requirement of a veteran who dies in receipt
of compensation (or but for the receipt of retirement pay would have
been entitled to compensation) or in receipt of pension.
1981--Subsec. (a). Pub. L. 97-35 substituted provisions relating to
death of a veteran in receipt of compensation or a pension, for
provisions relating to a veteran who dies of a service-connected
disability, or who was a veteran of any war, discharged for a disability
incurred or aggravated in line of duty, or in receipt of disability
compensation.
1978--Subsec. (a). Pub. L. 95-479 substituted ``$300'' for ``$250''.
Pub. L. 95-476, Sec. 203(b)(1), (2), substituted ``in the
Administrator's discretion'' and ``as the Administrator prescribes'' for
``in his discretion'' and ``as he prescribes'', respectively.
Subsec. (b). Pub. L. 95-476, Sec. 203(b)(3), substituted ``the death
of such veteran'' for ``his death''.
1966--Subsec. (a). Pub. L. 89-360 extended authorized burial
allowance to include peacetime veterans who die of a service connected
disability but who have neither applied for disability compensation for
disability nor been discharged for disability.
1964--Subsec. (b). Pub. L. 88-359 provided that no claim shall be
allowed when allowance would revert to the funds of a public or private
organization, or would discharge such an organization's obligation
without payment, and struck out requirement that amounts paid by burial
associations toward burial and funeral expenses be deducted prior to
payment of allowance.
Effective Date of 1982 Amendment
Section 403(b) of Pub. L. 97-306 provided that: ``The amendment made
by subsection (a) [amending this section] shall apply with respect to
burial and funeral expenses incurred after September 30, 1982.''
Effective Date of 1981 Amendment
Section 2001(a)(2) of Pub. L. 97-35 provided that: ``The amendment
made by paragraph (1) [amending this section] shall take effect with
respect to deaths occurring after September 30, 1981.''
Effective Date of 1978 Amendments
Amendment by Pub. L. 95-479 effective Oct. 1, 1978, see section
401(a) of Pub. L. 95-479, set out as a note under section 1114 of this
title.
Amendment by Pub. L. 95-476 effective Oct. 18, 1978, see section
205(a) of Pub. L. 95-476, set out as a note under section 2303 of this
title.
Section Referred to in Other Sections
This section is referred to in sections 113, 2303, 2304, 2307, 2308
of this title; title 50 App. section 461.
