§ 2303. — Death in Department facility; plot allowance.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2303]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 23--BURIAL BENEFITS
Sec. 2303. Death in Department facility; plot allowance
(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 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 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.
(b) In addition to the benefits provided for under section 2302 of
this title and subsection (a) of this section, in the case of a veteran
who is eligible 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 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 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
$300 as a plot or interment allowance for such veteran; and
(2) if such veteran (other than a veteran whose eligibility for
benefits under this subsection is based on being a veteran of any
war) is buried in a cemetery, or a section of a cemetery, other than
as described in clause (1) of this subsection, the Secretary shall
pay a sum not exceeding $300 as a plot or interment allowance to
such person as the Secretary 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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, Sec. 903; Pub. L. 86-70,
Sec. 29(a), June 25, 1959, 73 Stat. 148; Pub. L. 86-624, Sec. 25(b),
July 12, 1960, 74 Stat. 418; Pub. L. 87-99, July 21, 1961, 75 Stat. 218;
Pub. L. 89-358, Sec. 4(i), Mar. 3, 1966, 80 Stat. 24; Pub. L. 93-43,
Sec. 5(a)(1), June 18, 1973, 87 Stat. 80; Pub. L. 94-581, title II,
Sec. 204, Oct. 21, 1976, 90 Stat. 2856; Pub. L. 95-476, title II,
Sec. 202(a), Oct. 18, 1978, 92 Stat. 1503; Pub. L. 95-479, title III,
Sec. 303(a), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 97-35, title XX,
Sec. 2001(b), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97-306, title IV,
Sec. 404(a), Oct. 14, 1982, 96 Stat. 1443; Pub. L. 99-272, title XIX,
Sec. 19012(c)(4), Apr. 7, 1986, 100 Stat. 382; Pub. L. 101-237, title
III, Sec. 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 101-508,
title VIII, Sec. 8042(a), Nov. 5, 1990, 104 Stat. 1388-349; renumbered
Sec. 2303 and amended Pub. L. 102-83, Secs. 4(a)(3), (4), 5(a), (c)(1),
Aug. 6, 1991, 105 Stat. 404-406; Pub. L. 104-275, title II, Sec. 212,
Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105-114, title IV, Sec. 401(a),
Nov. 21, 1997, 111 Stat. 2293; Pub. L. 106-419, title III, Sec. 333(a),
Nov. 1, 2000, 114 Stat. 1856; Pub. L. 107-103, title V, Sec. 501(b)(1),
Dec. 27, 2001, 115 Stat. 994.)
Amendments
2001--Subsec. (b)(1), (2). Pub. L. 107-103 substituted ``$300'' for
``$150''.
2000--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''.
1997--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)''.
1996--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.''
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 903 of this
title as this section.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in section catchline.
Subsec. (a). Pub. L. 102-83, Sec. 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.
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted ``Department'' for
``Veterans' Administration'' in introductory provisions and in par. (1).
Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2302'' for
``902'' in two places in introductory provisions.
1990--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''.
1989--Pub. L. 101-237 substituted ``Secretary'' for
``Administrator'' wherever appearing.
1986--Subsec. (a). Pub. L. 99-272 inserted ``hospital care in
accordance with section 603 of this title or''.
1982--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.
1981--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.
1978--Subsec. (a)(1). Pub. L. 95-479 substituted ``$300'' for
$250''.
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.
1976--Subsec. (a). Pub. L. 94-581 inserted ``, nursing home,'' after
``hospital'' and substituted ``611(a)'' for ``611'' in provisions
preceding par. (1).
1973--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).
1966--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.
1961--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.
1960--Subsec. (b). Pub. L. 86-624 substituted ``continental United
States or Hawaii'' for ``continental United States (including Alaska)''
in two places.
1959--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''.
Effective Date of 2001 Amendment
Pub. L. 107-103, title V, Sec. 501(b)(2), Dec. 27, 2001, 115 Stat.
994, provided that: ``The amendments made by paragraph (1) [amending
this section] shall apply to deaths occurring on or after December 1,
2001.''
Effective Date of 2000 Amendment
Pub. L. 106-419, title III, Sec. 333(b), Nov. 1, 2000, 114 Stat.
1857, provided that: ``The amendment made by subsection (a) [amending
this section] shall apply with respect to the burial of persons dying on
or after the date of the enactment of this Act [Nov. 1, 2000].''
Effective Date of 1990 Amendment
Section 8042(b) of Pub. L. 101-508 provided that: ``This section
[amending this section] shall apply to deaths occurring on or after
November 1, 1990.''
Effective Date of 1982 Amendment
Section 404(b) of Pub. L. 97-306 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply with respect
to deaths occurring after September 30, 1982.''
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.
Section 205 of title II of Pub. L. 95-476 provided that:
``(a) Except as provided in subsection (b), the amendments made by
this title [enacting section 1008 [now 2408] of this title and amending
sections 902, 906, and 1798 [now 2302, 2306, and 3698] of this title]
shall take effect on the date of the enactment of this Act [Oct. 18,
1978].
``(b) The amendment made by section 202(a) of this title [amending
this section] shall take effect on October 1, 1978.''
Effective Date of 1976 Amendment
Amendment by Pub. L. 94-581 effective Oct. 21, 1976, see section 211
of Pub. L. 94-581, set out as a note under section 111 of this title.
Effective Date of 1973 Amendment
Section 10(b) of Pub. L. 93-43 provided that: ``Clause (1) of
section 5(a) [amending this section] shall take effect on the first day
of the second calendar month following the date of enactment of this Act
[June 18, 1973].''
Section Referred to in Other Sections
This section is referred to in sections 113, 2307 of this title.
