US (United States) Code. Title 38. Chapter 23: Burial Benefits

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Veterans Benefits

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-CITE-

38 USC CHAPTER 23 - BURIAL BENEFITS 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

CHAPTER 23 - BURIAL BENEFITS

-MISC1-

Sec.

2301. Flags.

2302. Funeral expenses.

2303. Death in Department facility; plot allowance.

2304. Claims for reimbursement.

2305. Persons eligible under prior law.

2306. Headstones, markers, and burial receptacles.

2307. Death from service-connected disability.

2308. Transportation of deceased veteran to a national

cemetery.

AMENDMENTS

1996 - Pub. L. 104-275, title II, Sec. 213(b)(2), Oct. 9, 1996,

110 Stat. 3332, substituted "burial receptacles" for "grave liners"

in item 2306.

1991 - Pub. L. 102-83, Sec. 5(b)(1), Aug. 6, 1991, 105 Stat. 406,

renumbered items 901 to 908 as 2301 to 2308, respectively.

Pub. L. 102-83, Sec. 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404,

substituted "Department" for "Veterans' Administration" in item

903.

1988 - Pub. L. 100-322, title III, Sec. 344(b)(2), May 20, 1988,

102 Stat. 540, substituted "Headstones, markers, and grave liners"

for "Headstones and markers" in item 906.

1976 - Pub. L. 94-433, title III, Sec. 304(b), Sept. 30, 1976, 90

Stat. 1377, added item 908.

1973 - Pub. L. 93-43, Sec. 5(b), June 18, 1973, 87 Stat. 81,

inserted "; plot allowance" in item 903 and added items 906 and

907.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 107, 1315, 1503 of this

title; title 10 section 1490; title 26 section 6334; title 46

section 11201.

-End-

-CITE-

38 USC Sec. 2301 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2301. Flags

-STATUTE-

(a) The Secretary shall furnish a flag to drape the casket of

each -

(1) deceased veteran who -

(A) was a veteran of any war, or of service after January 31,

1955;

(B) had served at least one enlistment; or

(C) had been discharged or released from the active military,

naval, or air service for a disability incurred or aggravated

in line of duty; and

(2) deceased individual who at the time of death was entitled

to retired pay under chapter 67 (!1) of title 10 or would have

been entitled to retired pay under that chapter but for the fact

that the person was under 60 years of age.

(b) After the burial of the veteran the flag so furnished shall

be given to the veteran's next of kin. If no claim is made for the

flag by the next of kin, it may be given, upon request, to a close

friend or associate of the deceased veteran. If a flag is given to

a close friend or associate of the deceased veteran, no flag shall

be given to any other person on account of the death of such

veteran.

(c) For the purpose of this section, the term "Mexican border

period" as defined in paragraph (30) of section 101 of this title

includes the period beginning on January 1, 1911, and ending on May

8, 1916.

(d) In the case of any person who died while in the active

military, naval, or air service after May 27, 1941, the Secretary

shall furnish a flag to the next of kin, or to such other person as

the Secretary considers most appropriate, if such next of kin or

other person is not otherwise entitled to receive a flag under this

section or under section 1482(a) of title 10.

(e) The Secretary shall furnish a flag to drape the casket of

each deceased person who is buried in a national cemetery by virtue

of eligibility for burial in such cemetery under section 2402(6) of

this title. After the burial, the flag shall be given to the next

of kin or to such other person as the Secretary considers

appropriate.

(f)(1) The Secretary shall furnish a flag to drape the casket of

each deceased member or former member of the Selected Reserve (as

described in section 10143 of title 10) who is not otherwise

eligible for a flag under this section or section 1482(a) of title

10 -

(A) who completed at least one enlistment as a member of the

Selected Reserve or, in the case of an officer, completed the

period of initial obligated service as a member of the Selected

Reserve;

(B) who was discharged before completion of the person's

initial enlistment as a member of the Selected Reserve or, in the

case of an officer, period of initial obligated service as a

member of the Selected Reserve, for a disability incurred or

aggravated in line of duty; or

(C) who died while a member of the Selected Reserve.

(2) A flag may not be furnished under subparagraph (A) or (B) of

paragraph (1) in the case of a person whose last discharge from

service in the Armed Forces was under conditions less favorable

than honorable.

(3) After the burial, a flag furnished under paragraph (1) shall

be given to the next of kin or to such other person as the

Secretary considers appropriate.

(g) A flag may not be furnished under this section in the case of

a person described in section 2411(b) of this title.

(h)(1) The Secretary may not procure any flag for the purposes of

this section that is not wholly produced in the United States.

(2)(A) The Secretary may waive the requirement of paragraph (1)

if the Secretary determines -

(i) that the requirement cannot be reasonably met; or

(ii) that compliance with the requirement would not be in the

national interest of the United States.

(B) The Secretary shall submit to Congress in writing notice of a

determination under subparagraph (A) not later than 30 days after

the date on which such determination is made.

(3) For the purpose of paragraph (1), a flag shall be considered

to be wholly produced in the United States only if -

(A) the materials and components of the flag are entirely

grown, manufactured, or created in the United States;

(B) the processing (including spinning, weaving, dyeing, and

finishing) of such materials and components is entirely performed

in the United States; and

(C) the manufacture and assembling of such materials and

components into the flag is entirely performed in the United

States.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1169, Sec. 901; Pub. L.

87-240, Sept. 14, 1961, 75 Stat. 512; Pub. L. 89-358, Sec. 9, Mar.

3, 1966, 80 Stat. 28; Pub. L. 90-77, title IV, Sec. 402, Aug. 31,

1967, 81 Stat. 190; Pub. L. 91-588, Sec. 9(g), Dec. 24, 1970, 84

Stat. 1585; Pub. L. 97-306, title IV, Sec. 402(a), Oct. 14, 1982,

96 Stat. 1442; Pub. L. 99-576, title VII, Sec. 701(50), Oct. 28,

1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; Pub. L. 102-54, Sec. 14(b)(20), June

13, 1991, 105 Stat. 284; renumbered Sec. 2301 and amended Pub. L.

102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L.

102-547, Sec. 11(a), Oct. 28, 1992, 106 Stat. 3644; Pub. L.

105-261, div. A, title V, Sec. 517, title X, Sec. 1073(a), Oct. 17,

1998, 112 Stat. 2009, 2137; Pub. L. 107-14, Sec. 8(a)(3), June 5,

2001, 115 Stat. 34; Pub. L. 107-330, title II, Sec. 201(b), Dec. 6,

2002, 116 Stat. 2823.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 67 of title 10, referred to in subsec. (a)(2), was

transferred to part II of subtitle E of Title 10, Armed Forces,

renumbered as chapter 1223, and amended generally by Pub. L.

103-337, div. A, title XVI, Sec. 1662(j)(1), Oct. 5, 1994, 108

Stat. 2998. A new chapter 67 (Sec. 1331) of Title 10 was added by

section 1662(j)(7) of Pub. L. 103-337.

-MISC1-

AMENDMENTS

2002 - Subsecs. (g), (h). Pub. L. 107-330 added subsec. (g) and

redesignated former subsec. (g) as (h).

2001 - Subsec. (f)(1). Pub. L. 107-14, Sec. 8(a)(3)(A), directed

the substitution of "(as described in section" for "(as described

in section" in introductory provisions, requiring no change in

text.

Subsec. (f)(2). Pub. L. 107-14, Sec. 8(a)(3)(B), substituted

"subparagraph" for "subparagraphs".

1998 - Subsec. (f). Pub. L. 105-261, Sec. 517, added subsec. (f).

Subsec. (g). Pub. L. 105-261, Sec. 1073(a), added subsec. (g).

1992 - Subsec. (a). Pub. L. 102-547 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

Secretary shall furnish a flag to drape the casket of each deceased

veteran who -

"(1) was a veteran of any war, or of service after January 31,

1955;

"(2) had served at least one enlistment; or

"(3) had been discharged or released from the active military,

naval, or air service for a disability incurred or aggravated in

line of duty."

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 901 of this

title as this section.

Subsec. (d). Pub. L. 102-54 substituted "considers" for "deems",

struck out comma after "this section", and struck out ", United

States Code" after "title 10".

Subsec. (e). Pub. L. 102-83, Sec. 5(c)(1), substituted "2402(6)"

for "1002(6)".

1989 - Subsecs. (a), (d), (e). Pub. L. 101-237 substituted

"Secretary" for "Administrator" wherever appearing.

1986 - Subsec. (b). Pub. L. 99-576 substituted "the veteran's"

for "his".

1982 - Subsec. (e). Pub. L. 97-306 added subsec. (e).

1970 - Subsec. (a). Pub. L. 91-588, Sec. 9(g)(1), struck out

reference to the Mexican border service.

Subsec. (c). Pub. L. 91-588, Sec. 9(g)(2), substituted "For the

purpose of this section, the term 'Mexican border period' as

defined in paragraph (30) of section 101 of this title includes the

period beginning on January 1, 1911, and ending on May 8, 1916" for

"For the purpose of this section, the term 'Mexican border service'

means active military, naval, or air service during the period

beginning on January 1, 1911, and ending on April 5, 1917, in

Mexico, on the borders thereof, or in the waters adjacent thereto".

1967 - Subsec. (d). Pub. L. 90-77 added subsec. (d).

1966 - Subsec. (a)(1). Pub. L. 89-358 required a flag to be

furnished to drape the casket of a deceased veteran who served

after Jan. 31, 1955.

1961 - Subsec. (a). Pub. L. 87-240, Sec. 1(1), inserted "or of

Mexican border service" after "veteran of any war".

Subsec. (c). Pub. L. 87-240, Sec. 1(2), added subsec. (c).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-330 applicable with respect to deaths

occurring on or after Dec. 6, 2002, see section 201(d) of Pub. L.

107-330, set out as a note under section 112 of this title.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title X, Sec. 1073(b), Oct. 17, 1998,

112 Stat. 2138, provided that: "Subsection (g) of section 2301 of

title 38, United States Code, as added by subsection (a), shall

apply to flags procured by the Secretary of Veterans Affairs for

the purposes of section 2301 of title 38, United States Code, after

the end of the 30-day period beginning on the date of the enactment

of this Act [Oct. 17, 1998]."

EFFECTIVE DATE OF 1982 AMENDMENT

Section 402(b) of Pub. L. 97-306 provided that: "The amendment

made by subsection (a) [amending this section] shall apply with

respect to burials after September 30, 1982."

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-588 effective Jan. 1, 1971, see section

10(a) of Pub. L. 91-588, set out as a note under section 1521 of

this title.

EFFECTIVE DATE OF 1967 AMENDMENT

Amendment by Pub. L. 90-77 effective first day of first calendar

month which begins more than ten days after Aug. 31, 1967, see

section 405 of Pub. L. 90-77, set out as a note under section 101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 113 of this title; title

10 section 1491.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

38 USC Sec. 2302 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2302. Funeral expenses

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-SECREF-

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.

-End-

-CITE-

38 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2303. Death in Department facility; plot allowance

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 2307 of this title.

-End-

-CITE-

38 USC Sec. 2304 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2304. Claims for reimbursement

-STATUTE-

Applications for payments under section 2302 of this title must

be filed within two years after the burial of the veteran. If the

burial allowance was not payable at the death of the veteran

because of the nature of the veteran's discharge from the service,

but after the veteran's death the veteran's discharge has been

corrected by competent authority so as to reflect a discharge from

the service under conditions other than dishonorable, then the

burial allowance may be paid if a claim is filed within two years

from the date of correction of the discharge. If a claimant's

application is incomplete at the time it is originally submitted,

the Secretary shall notify the applicant of the evidence necessary

to complete the application. If such evidence is not received

within one year from the date of such notification, no allowance

may be paid.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, Sec. 904; Pub. L.

88-3, Apr. 2, 1963, 77 Stat. 4; Pub. L. 91-24, Sec. 7, June 11,

1969, 83 Stat. 34; Pub. L. 99-576, title VII, Sec. 701(51), Oct.

28, 1986, 100 Stat. 3295; Pub. L. 101-237, title III, Sec.

313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2304 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 904 of this title as

this section and substituted "2302" for "902".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1986 - Pub. L. 99-576 substituted "the veteran's" for "his" in

three places.

1969 - Pub. L. 91-24 substituted "two years from the date of

correction of the discharge" for "two years from whichever last

occurs, the date of correction of the discharge or the date of

enactment of this sentence".

1963 - Pub. L. 88-3 authorized payment of a burial allowance in

cases where it was not payable at death because of the nature of

the veteran's discharge, where such discharge has been corrected by

competent authority to reflect conditions other than dishonorable,

and the claim is filed within two years from whichever last occurs,

the date of correction of the discharge or the date of enactment of

Pub. L. 88-3 [approved Apr. 2, 1963].

-End-

-CITE-

38 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2305. Persons eligible under prior law

-STATUTE-

The death of any person who had a status which would, under the

laws in effect on December 31, 1957, afford entitlement to the

burial benefits and other benefits provided for in this chapter,

but who did not meet the service requirements contained in this

chapter, shall afford entitlement to such benefits, notwithstanding

the failure of such person to meet such service requirements.

-SOURCE-

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1170, Sec. 905; renumbered

Sec. 2305, Pub. L. 102-83, Sec. 5(a), Aug. 6, 1991, 105 Stat. 406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 905 of this title as

this section.

-End-

-CITE-

38 USC Sec. 2306 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2306. Headstones, markers, and burial receptacles

-STATUTE-

(a) The Secretary shall furnish, when requested, appropriate

Government headstones or markers at the expense of the United

States for the unmarked graves of the following:

(1) Any individual buried in a national cemetery or in a post

cemetery.

(2) Any individual eligible for burial in a national cemetery

(but not buried there), except for those persons or classes of

persons enumerated in section 2402(4), (5), and (6) of this title.

(3) Soldiers of the Union and Confederate Armies of the Civil

War.

(4) Any individual described in section 2402(5) of this title who

is buried in a veterans' cemetery owned by a State.

(5) Any individual who at the time of death was entitled to

retired pay under chapter 1223 of title 10 or would have been

entitled to retired pay under that chapter but for the fact that

the person was under 60 years of age.

(b)(1) The Secretary shall furnish, when requested, an

appropriate memorial headstone or marker for the purpose of

commemorating an eligible individual whose remains are unavailable.

Such a headstone or marker shall be furnished for placement in a

national cemetery area reserved for that purpose under section 2403

of this title, a veterans' cemetery owned by a State, or, in the

case of a veteran, in a State, local, or private cemetery.

(2) For purposes of paragraph (1), an eligible individual is any

of the following:

(A) A veteran.

(B) The spouse or surviving spouse of a veteran.

(3) For purposes of paragraph (1), the remains of an individual

shall be considered to be unavailable if the individual's remains -

(A) have not been recovered or identified;

(B) were buried at sea, whether by the individual's own choice

or otherwise;

(C) were donated to science; or

(D) were cremated and the ashes scattered without interment of

any portion of the ashes.

(4) For purposes of this subsection:

(A) The term "veteran" includes an individual who dies in the

active military, naval, or air service.

(B) The term "surviving spouse" includes an unremarried

surviving spouse whose subsequent remarriage was terminated by

death or divorce.

(c) A headstone or marker furnished under subsection (a), (b), or

(d) of this section may be of any material, including but not

limited to marble, granite, bronze, or slate, requested by the

person entitled to request such headstone or marker if the material

requested is determined by the Secretary (1) to be cost effective,

and (2) in a case in which the headstone or marker is to be placed

in a national cemetery, to be aesthetically compatible with the

area of the cemetery in which it is to be placed.

(d)(1) The Secretary shall furnish, when requested, an

appropriate Government marker at the expense of the United States

for the grave of an individual described in paragraph (2) or (5) of

subsection (a) who is buried in a private cemetery, notwithstanding

that the grave is marked by a headstone or marker furnished at

private expense. Such a marker may be furnished only if the

individual making the request for the Government marker certifies

to the Secretary that the marker will be placed on the grave for

which the marker is requested.

(2) Any marker furnished under this subsection shall be delivered

by the Secretary directly to the cemetery where the grave is

located.

(3) The authority to furnish a marker under this subsection

expires on December 31, 2006.

(4) Not later than February 1, 2006, the Secretary shall submit

to the Committees on Veterans' Affairs of the Senate and House of

Representatives a report on the use of the authority under this

subsection. The report shall include the following:

(A) The rate of use of the benefit under this subsection, shown

by fiscal year.

(B) An assessment as to the extent to which markers furnished

under this subsection are being delivered to cemeteries and

placed on grave sites consistent with the provisions of this

subsection.

(C) The Secretary's recommendation for extension or repeal of

the expiration date specified in paragraph (3).

(e)(1) The Secretary of Veterans Affairs shall provide an outer

burial receptacle for each new grave in an open cemetery under the

control of the National Cemetery Administration in which remains

are interred in a casket. The Secretary of the Army may provide an

outer burial receptacle for such a grave in the Arlington National

Cemetery.

(2) The use of outer burial receptacles in a cemetery under the

control of the National Cemetery Administration or in the Arlington

National Cemetery shall be in accordance with regulations or

procedures approved by the Secretary of Veterans Affairs or

Secretary of the Army, respectively.

(3) Regulations or procedures under paragraph (2) may specify

that -

(A) an outer burial receptacle other than a grave liner be

provided in lieu of a grave liner at the election of the

survivors of the interred veteran; and

(B) if an outer burial receptacle other than a grave liner is

provided in lieu of a grave liner upon an election of such

survivors, such survivors be required -

(i) to pay the amount by which the cost of the outer burial

receptacle exceeds the cost of the grave liner that would

otherwise have been provided in the absence of the election;

and

(ii) to pay the amount of the administrative costs incurred

by the Secretary (or, with respect to Arlington National

Cemetery, the Secretary of the Army) in providing the outer

burial receptacle in lieu of such grave liner.

(4) Regulations or procedures under paragraph (2) may provide for

the use of a voucher system, or other system of reimbursement

approved by the Secretary (or, with respect to Arlington National

Cemetery, the Secretary of the Army), for payment for outer burial

receptacles other than grave liners provided under such regulations

or procedures.

(f)(1) When the Secretary has furnished a headstone or marker

under subsection (a) for the unmarked grave of an individual, the

Secretary shall, if feasible, add a memorial inscription to that

headstone or marker rather than furnishing a separate headstone or

marker under that subsection for the surviving spouse of such

individual.

(2) When the Secretary has furnished a memorial headstone or

marker under subsection (b) for purposes of commemorating a veteran

or an individual who died in the active military, naval, or air

service, the Secretary shall, if feasible, add a memorial

inscription to that headstone or marker rather than furnishing a

separate memorial headstone or marker under that subsection for the

surviving spouse of such individual.

(g)(1) A headstone or marker may not be furnished under

subsection (a) for the unmarked grave of a person described in

section 2411(b) of this title.

(2) A memorial headstone or marker may not be furnished under

subsection (b) for the purpose of commemorating a person described

in section 2411(b) of this title.

(3) A marker may not be furnished under subsection (d) for the

grave of a person described in section 2411(b) of this title.

-SOURCE-

(Added Pub. L. 93-43, Sec. 5(a)(2), June 18, 1973, 87 Stat. 80,

Sec. 906; amended Pub. L. 95-476, title II, Sec. 203(a), Oct. 18,

1978, 92 Stat. 1505; Pub. L. 95-479, title III, Sec. 303(b), Oct.

18, 1978, 92 Stat. 1565; Pub. L. 96-385, title V, Sec. 502, Oct. 7,

1980, 94 Stat. 1534; Pub. L. 97-66, title VI, Sec. 603(a), Oct. 17,

1981, 95 Stat. 1034; Pub. L. 100-322, title III, Sec. 344(a),

(b)(1), May 20, 1988, 102 Stat. 540; Pub. L. 101-237, title III,

Sec. 313(b)(1), (3), title V, Secs. 501, 504(a), Dec. 18, 1989, 103

Stat. 2077, 2093, 2094; Pub. L. 101-508, title VIII, Sec. 8041(a),

Nov. 5, 1990, 104 Stat. 1388-349; renumbered Sec. 2306 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 102-547, Sec. 11(b), Oct. 28, 1992, 106 Stat. 3644; Pub. L.

104-275, title II, Sec. 213(a), (b)(1), Oct. 9, 1996, 110 Stat.

3331, 3332; Pub. L. 105-368, title IV, Secs. 401(a), (b),

403(c)(2), Nov. 11, 1998, 112 Stat. 3334, 3335, 3338; Pub. L.

107-103, title V, Sec. 502(a)-(c), Dec. 27, 2001, 115 Stat. 994,

995; Pub. L. 107-330, title II, Sec. 201(c), Dec. 6, 2002, 116

Stat. 2823.)

-MISC1-

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-330 added subsec. (g).

2001 - Subsec. (a)(5). Pub. L. 107-103, Sec. 502(c), substituted

"chapter 1223" for "chapter 67".

Subsec. (c). Pub. L. 107-103, Sec. 502(b), substituted

"subsection (a), (b), or (d)" for "subsection (a) or (b)".

Subsecs. (d) to (f). Pub. L. 107-103, Sec. 502(a), added subsec.

(d) and redesignated former subsecs. (d) and (e) as (e) and (f),

respectively.

1998 - Subsec. (b). Pub. L. 105-368, Sec. 401(a), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

"The Secretary shall furnish, when requested, an appropriate

memorial headstone or marker for the purpose of commemorating any

veteran -

"(1) whose remains have not been recovered or identified,

"(2) whose remains were buried at sea, whether by the veteran's

own choice or otherwise,

"(3) whose remains were donated to science, or

"(4) whose remains were cremated and the ashes scattered

without interment of any portion of the ashes,

for placement by the applicant in a national cemetery area reserved

for such purpose under the provisions of section 2403 of this title

or in a State, local, or private cemetery."

Subsec. (d)(1), (2). Pub. L. 105-368, Sec. 403(c)(2), substituted

"under the control of the National Cemetery Administration" for

"within the National Cemetery System".

Subsec. (e). Pub. L. 105-368, Sec. 401(b), added subsec. (e).

1996 - Pub. L. 104-275, Sec. 213(b)(1), substituted "burial

receptacles" for "grave liners" in section catchline.

Subsec. (d)(1). Pub. L. 104-275, Sec. 213(a)(1), substituted "an

outer burial receptacle" for "a grave liner" in two places.

Subsec. (d)(2). Pub. L. 104-275, Sec. 213(a)(2), substituted

"outer burial receptacles" for "grave liners" and "regulations or

procedures" for "specifications and procedures".

Subsec. (d)(3), (4). Pub. L. 104-275, Sec. 213(a)(3), added pars.

(3) and (4).

1992 - Subsec. (a)(5). Pub. L. 102-547 added par. (5).

1991 - Pub. L. 102-83, Sec. 5(a), renumbered section 906 of this

title as this section.

Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted "2402(4)"

for "1002(4)" in par. (2) and "2402(5)" for "1002(5)" in par. (4).

Subsec. (b). Pub. L. 102-83, Sec. 5(c)(1), substituted "2403" for

"1003" in concluding provisions.

1990 - Subsecs. (d), (e). Pub. L. 101-508 redesignated subsec.

(e) as (d) and struck out former subsec. (d) which read as follows:

"In lieu of furnishing a headstone or marker under subsection

(a)(2) or (b) of this section, the Secretary, in the Secretary's

discretion, having due regard for the circumstances in each case,

may reimburse the person entitled to request such headstone or

marker for the cost of acquiring a non-Government headstone or

marker for placement in any cemetery other than a national cemetery

in connection with the burial or memorialization of the deceased

individual. The cost referred to in the preceding sentence is the

cost actually incurred by or on behalf of such person or the cost

prepaid by the deceased individual, as the case may be.

Reimbursement under this subsection may be made only upon the

request of the person entitled to request the headstone or marker

and may not be made in an amount in excess of the average actual

cost, as determined by the Secretary, of headstones and markers

furnished under subsections (a) and (b) of this section."

1989 - Subsecs. (a) to (c). Pub. L. 101-237, Sec. 313(b)(1),

substituted "Secretary" for "Administrator".

Subsec. (d). Pub. L. 101-237, Sec. 501, substituted "cost of

acquiring" for "actual costs incurred by or on behalf of such

person in acquiring" in first sentence, inserted after first

sentence "The cost referred to in the preceding sentence is the

cost actually incurred by or on behalf of such person or the cost

prepaid by the deceased individual, as the case may be.", and

substituted "this subsection" for "the preceding sentence" in last

sentence.

Pub. L. 101-237, Sec. 313(b)(1), substituted "Secretary" and

"Secretary's" for "Administrator" and "Administrator's",

respectively, wherever appearing.

Subsec. (e)(1). Pub. L. 101-237, Sec. 504(a), inserted first

sentence and struck out former first sentence which read as

follows: "The Secretary may provide a grave liner for any grave in

a cemetery within the National Cemetery System in which remains are

interred in a casket."

Pub. L. 101-237, Sec. 313(b)(1), substituted "Secretary may

provide" for "Administrator may provide".

Subsec. (e)(2). Pub. L. 101-237, Sec. 313(b)(3), substituted

"Secretary of Veterans Affairs or Secretary of the Army" for

"Administrator or the Secretary".

1988 - Pub. L. 100-322, Sec. 344(b)(1), substituted "Headstones,

markers, and grave liners" for "Headstones and markers" in section

catchline.

Subsec. (e). Pub. L. 100-322, Sec. 344(a), added subsec. (e).

1981 - Subsec. (b). Pub. L. 97-66 inserted provisions relating to

veterans whose remains were donated to science or whose remains

were cremated and the ashes scattered without interment of any

portion of the ashes.

1980 - Subsec. (a)(4). Pub. L. 96-385 added par. (4).

1978 - Subsec. (b). Pub. L. 95-479 struck out "dying in the

service, and" after "to commemorate any veteran".

Subsecs. (c), (d). Pub. L. 95-476 added subsecs. (c) and (d).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-330 applicable with respect to deaths

occurring on or after Dec. 6, 2002, see section 201(d) of Pub. L.

107-330, set out as a note under section 112 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title V, Sec. 502(d), Dec. 27, 2001, 115 Stat.

995, as amended by Pub. L. 107-330, title II, Sec. 203(a), Dec. 6,

2002, 116 Stat. 2824, provided that: "The amendments made by

subsections (a) and (b) [amending this section] shall apply with

respect to markers for the graves of individuals dying on or after

September 11, 2001."

[Pub. L. 107-330, title II, Sec. 203(b), Dec. 6, 2002, 116 Stat.

2824, provided that: "The amendment made by subsection (a)

[amending section 502(d) of Pub. L. 107-103, set out above] shall

take effect as if included in the enactment of such section 502."]

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-368, title IV, Sec. 401(d), Nov. 11, 1998, 112 Stat.

3335, provided that: "The amendments made by subsections (a) and

(b) [amending this section] shall apply to deaths occurring after

the date of the enactment of this Act [Nov. 11, 1998]."

EFFECTIVE DATE OF 1990 AMENDMENT

Section 8041(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 1989 AMENDMENT

Section 504(b) of Pub. L. 101-237 provided that: "The amendment

made by subsection (a) [amending this section] shall apply to

interments that occur after January 1, 1990."

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-66 applicable with respect to veterans

dying before, on, or after Oct. 17, 1981, see section 701(b)(6) of

Pub. L. 97-66, set out as a note under section 1114 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-385 applicable only with respect to

individuals who die after Sept. 30, 1980, see section 601(c) of

Pub. L. 96-385, set out as a note under section 1114 of this title.

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.

EFFECTIVE DATE

Section 10(c) of Pub. L. 93-43 provided that: "Clause (2) of

section 5(a) [enacting this section and section 907 [now 2307] of

this title] and sections 6 [enacting provisions set out a note

under section 2404 of this title] and 7 [repealing sections 271 to

276, 278 to 279d, 281 to 282, 286 to 290, and 296 of Title 24,

Hospitals and Asylums, and enacting provisions set out as notes

under sections 271 to 276 of Title 24] of this Act shall take

effect September 1, 1973, or on such earlier date as the President

may prescribe and publish in the Federal Register."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 2403 of this title;

title 46 section 11201.

-End-

-CITE-

38 USC Sec. 2307 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2307. Death from service-connected disability

-STATUTE-

In any case in which a veteran dies as the result of a

service-connected disability or disabilities, the Secretary, upon

the request of the survivors of such veteran, shall pay the burial

and funeral expenses incurred in connection with the death of the

veteran in an amount not exceeding the greater of (1) $2,000, or

(2) the amount authorized to be paid under section 8134(a) of title

5 in the case of a Federal employee whose death occurs as the

result of an injury sustained in the performance of duty. Funeral

and burial benefits provided under this section shall be in lieu of

any benefits authorized under sections 2302 and 2303(a)(1) and (b)

of this title.

-SOURCE-

(Added Pub. L. 93-43, Sec. 5(a)(2), June 18, 1973, 87 Stat. 80,

Sec. 907; amended Pub. L. 95-479, title III, Sec. 303(c), Oct. 18,

1978, 92 Stat. 1565; Pub. L. 100-322, title III, Sec. 303, May 20,

1988, 102 Stat. 534; Pub. L. 101-237, title III, Sec. 313(b)(1),

Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2307 and amended

Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406;

Pub. L. 107-103, title V, Sec. 501(a)(1), Dec. 27, 2001, 115 Stat.

994.)

-MISC1-

AMENDMENTS

2001 - Pub. L. 107-103 substituted "$2,000" for '$1,500".

1991 - Pub. L. 102-83 renumbered section 907 of this title as

this section and substituted "2302 and 2303(a)(1)" for "902 and

903(a)(1)".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

1988 - Pub. L. 100-322 substituted "$1,500" for "$1,100".

1978 - Pub. L. 95-479 inserted "the greater of (1) $1,100, or

(2)" after "not exceeding".

EFFECTIVE DATE OF 2001 AMENDMENT

Pub. L. 107-103, title V, Sec. 501(a)(2), Dec. 27, 2001, 115

Stat. 994, provided that: "The amendment made by paragraph (1)

[amending this section] shall apply to deaths occurring on or after

September 11, 2001."

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-322 effective Apr. 1, 1988, see section

304 of Pub. L. 100-322, set out as a note under section 2102 of

this title.

EFFECTIVE DATE OF 1978 AMENDMENT

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.

EFFECTIVE DATE

Section effective Sept. 1, 1973, or such earlier date as the

President may prescribe and publish in the Federal Register, see

section 10(c) of Pub. L. 93-43, set out as a note under section

2306 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 113, 2308 of this title;

title 2 section 905.

-End-

-CITE-

38 USC Sec. 2308 01/06/03

-EXPCITE-

TITLE 38 - VETERANS' BENEFITS

PART II - GENERAL BENEFITS

CHAPTER 23 - BURIAL BENEFITS

-HEAD-

Sec. 2308. Transportation of deceased veteran to a national

cemetery

-STATUTE-

Where a veteran dies as the result of a service-connected

disability, or is in receipt of (but for the receipt of retirement

pay or pension under this title would have been entitled to)

disability compensation, the Secretary may pay, in addition to any

amount paid pursuant to section 2302 or 2307 of this title, the

cost of transportation of the deceased veteran for burial in a

national cemetery. Such payment shall not exceed the cost of

transportation to the national cemetery nearest the veteran's last

place of residence in which burial space is available.

-SOURCE-

(Added Pub. L. 94-433, title III, Sec. 304(a), Sept. 30, 1976, 90

Stat. 1377, Sec. 908; amended Pub. L. 101-237, title III, Sec.

313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered Sec. 2308 and

amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat.

406.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-83 renumbered section 908 of this title as

this section and substituted "2302 or 2307" for "902 or 907".

1989 - Pub. L. 101-237 substituted "Secretary" for

"Administrator".

EFFECTIVE DATE

Section effective Oct. 1, 1976, see section 406 of Pub. L.

94-433, set out as an Effective Date of 1976 Amendment note under

section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 113 of this title.

-End-