38 U.S.C. § 2307 — Death from service-connected disability

Page 617 TITLE 38—VETERANS’ BENEFITS § 2307 of 2006 (Public Law 109–461; 120 Stat. 3429) [amending this section] shall take effect as of November 1, 1990, and shall apply with respect to headstones and markers for the graves of individuals dying on or after that date.’’ Pub. L. 109–461, title IV, § 401(c), Dec. 22, 2006, 120 Stat. 3429, provided that: ‘‘The amendments made by sub- sections (a) and (b) [amending this section] shall apply with respect to individuals dying after the date of the enactment of this Act [Dec. 22, 2006].’’ EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–330 applicable with re- spect 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 Amendment by section 502 of Pub. L. 107–103 effective Nov. 1, 1990, and applicable with respect to headstones and markers for the graves of individuals dying on or after that date, see section 203(b) of Pub. L. 110–157, set out as an Effective Date of 2006 Amendment note above. Pub. L. 107–103, title V, § 502(d), Dec. 27, 2001, 115 Stat. 995, as amended by Pub. L. 107–330, title II, § 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, § 203(b), Dec. 6, 2002, 116 Stat. 2824, provided that: ‘‘The amendment made by sub- section (a) [amending section 502(d) of Pub. L. 107–103, set out above] shall take effect as if included in the en- actment of such section 502.’’] EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–368, title IV, § 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 enact- ment of this Act [Nov. 11, 1998].’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title VIII, § 8041(b), Nov. 5, 1990, 104 Stat. 1388–349, provided that: ‘‘This section [amending this section] shall apply to deaths occurring on or after November 1, 1990.’’ EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–237, title V, § 504(b), Dec. 18, 1989, 103 Stat. 2094, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to inter- ments 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 re- spect to individuals who die after Sept. 30, 1980, see sec- tion 601(c) of Pub. L. 96–385, set out as a note under sec- tion 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 Pub. L. 93–43, § 10(c), June 18, 1973, 87 Stat. 88, pro- vided that: ‘‘Clause (2) of section 5(a) [enacting this section and section 907 [now 2307] of this title] and sec- tions 6 [enacting provisions set out a note under sec- tion 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.’’ CONTINUATION OF AUTHORITY Pub. L. 110–92, § 162, as added by Pub. L. 110–149, § 2, Dec. 21, 2007, 121 Stat. 1819, provided that: ‘‘Notwith- standing section 106 [121 Stat. 990], the authority pro- vided by section 2306(d)(3) of title 38, United States Code, shall continue in effect through September 30, 2008.’’ § 2307. Death from service-connected disability In any case in which a veteran dies as the re- sult of a service-connected disability or disabil- ities, the Secretary, upon the request of the sur- vivors 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 au- thorized 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 subsections (a)(1) and (b)(2) of section 2303 of this title. (Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 907; amended Pub. L. 95–479, title III, § 303(c), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 100–322, title III, § 303, May 20, 1988, 102 Stat. 534; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2307 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–103, title V, § 501(a)(1), Dec. 27, 2001, 115 Stat. 994; Pub. L. 108–183, title V, § 501(b), Dec. 16, 2003, 117 Stat. 2667; Pub. L. 116–315, title II, § 2202(b)(1)(B), Jan. 5, 2021, 134 Stat. 4985.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–315 substituted ‘‘subsections (a)(1) and (b)(2) of section 2303 of this title’’ for ‘‘sections 2302 and 2303(a)(1) and (b)(2) of this title’’. 2003—Subsec. (b). Pub. L. 108–183 substituted ‘‘and (b)(2)’’ for ‘‘and (b)’’ in last sentence. 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 ‘‘Ad- ministrator’’. 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–103, title V, § 501(a)(2), Dec. 27, 2001, 115 Stat. 994, provided that: ‘‘The amendment made by Page 618 TITLE 38—VETERANS’ BENEFITS § 2308 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. § 2308. Transportation of deceased veteran to a national cemetery or a covered veterans’ cemetery (a) IN GENERAL.—The Secretary may pay, in addition to any amount paid pursuant to section 2303 of this title regarding veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title, the cost of transportation of the deceased veteran described in subsection (b) for burial in a national cemetery or a covered veterans’ cem- etery. 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. (b) DECEASED VETERAN DESCRIBED.—A de- ceased veteran described in this subsection is any of the following veterans: (1) A veteran who dies as the result of a serv- ice-connected disability. (2) A veteran who dies while in receipt of dis- ability compensation (or who but for the re- ceipt of retirement pay or pension under this title, would have been entitled to compensa- tion). (3) A veteran whom the Secretary deter- mines is eligible for funeral expenses under section 2303 of this title by virtue of the Sec- retary determining that the veteran has no next of kin or other person claiming the body of such veteran pursuant to subsection (a)(2)(C) of such section. (c) COVERED VETERANS’ CEMETERY DEFINED.— In this section, the term ‘‘covered veterans’ cemetery’’ means a veterans’ cemetery— (1) in which a deceased veteran described in subsection (b) is eligible to be buried; (2) that— (A) is owned by a State; or (B) is on trust land owned by, or held in trust for, a tribal organization; and (3) for which the Secretary has made a grant under section 2408 of this title. (Added Pub. L. 94–433, title III, § 304(a), Sept. 30, 1976, 90 Stat. 1377, § 908; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2308 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(2), Jan. 10, 2013, 126 Stat. 2420; Pub. L. 116–315, title II, §§ 2201(a)–(c), 2202(b)(1)(C), Jan. 5, 2021, 134 Stat. 4983, 4985.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–315, § 2201(c), inserted ‘‘or a covered veterans’ cemetery’’ after ‘‘national cemetery’’ in sec- tion catchline. Subsec. (a). Pub. L. 116–315, § 2202(b)(1)(C)(i), sub- stituted ‘‘pursuant to section 2303 of this title regard- ing veterans described in subparagraph (B) or (C) of subsection (a)(2) of such section, or pursuant to section 2307 of this title,’’ for ‘‘pursuant to section 2302 or 2307 of this title,’’. Pub. L. 116–315, § 2201(a), substituted ‘‘in a national cemetery or a covered veterans’ cemetery’’ for ‘‘in a national cemetery’’. Subsec. (b)(3). Pub. L. 116–315, § 2202(b)(1)(C)(ii), sub- stituted ‘‘section 2303’’ for ‘‘section 2302’’ and ‘‘sub- section (a)(2)(C)’’ for ‘‘subsection (a)(2)(A)’’. Subsec. (c). Pub. L. 116–315, § 2201(b), added subsec. (c). 2013—Pub. L. 112–260 designated existing provisions as subsec. (a), inserted heading, substituted ‘‘The Sec- retary’’ for ‘‘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 compensa- tion, the Secretary’’, inserted ‘‘described in subsection (b)’’ after ‘‘of the deceased veteran’’, and added subsec. (b). 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 ‘‘Ad- ministrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title II, § 2201(e), Jan. 5, 2021, 134 Stat. 4983, provided that: ‘‘The amendments made by this section [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Jan. 5, 2021].’’ Amendment by section 2202(b)(1)(C) of 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. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–260, title I, § 104(b)(3), Jan. 10, 2013, 126 Stat. 2420, provided that: ‘‘The amendments made by this subsection [amending this section and section 2302 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to burials and fu- nerals occurring on or after the date that is one year after the date of the enactment of this Act.’’ EFFECTIVE DATE Section effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as an Effective Date of 1976 Amend- ment note under section 1101 of this title. CHAPTER 24—NATIONAL CEMETERIES AND MEMORIALS Sec. 2400. Establishment of National Cemetery Admin- istration; composition of Administration. 2401. Advisory Committee on Cemeteries and Me- morials. 2402. Persons eligible for interment in national cemeteries. 2403. Memorial areas. 2404. Administration. 2405. Disposition of inactive cemeteries. 2406. Acquisition of lands. 2407. Authority to accept and maintain suitable memorials.