38 U.S.C. § 2302 — Untitled legal text

Page 607 TITLE 38—VETERANS’ BENEFITS § 2303 AMENDMENTS 2021—Subsecs. (a)(1)(C), (d). Pub. L. 116–283 sub- stituted ‘‘air, or space service’’ for ‘‘or air service’’. 2010—Subsec. (e). Pub. L. 111–275 substituted ‘‘section 2402(a)(6)’’ for ‘‘section 2402(6)’’. 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, § 8(a)(3)(A), di- rected 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, § 8(a)(3)(B), substituted ‘‘subparagraph’’ for ‘‘subparagraphs’’. 1998—Subsec. (f). Pub. L. 105–261, § 517, added subsec. (f). Subsec. (g). Pub. L. 105–261, § 1073(a), added subsec. (g). 1992—Subsec. (a). Pub. L. 102–547 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘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 in- curred or aggravated in line of duty.’’ 1991—Pub. L. 102–83, § 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, § 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 vet- eran’s’’ for ‘‘his’’. 1982—Subsec. (e). Pub. L. 97–306 added subsec. (e). 1970—Subsec. (a). Pub. L. 91–588, § 9(g)(1), struck out reference to the Mexican border service. Subsec. (c). Pub. L. 91–588, § 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 begin- ning on January 1, 1911, and ending on April 5, 1917, in Mexico, on the borders thereof, or in the waters adja- cent 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, § 1(1), inserted ‘‘or of Mexican border service’’ after ‘‘veteran of any war’’. Subsec. (c). Pub. L. 87–240, § 1(2), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Amendment by Pub. L. 111–275 applicable with re- spect to the death, on or after Oct. 13, 2010, of the par- ent of a person described in section 2402(a)(9)(B) of this title, who dies on or after October 7, 2001, see section 502(e) of Pub. L. 111–275, set out as a note under section 107 of this title. 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 1998 AMENDMENT Pub. L. 105–261, div. A, title X, § 1073(b), Oct. 17, 1998, 112 Stat. 2138, provided that: ‘‘Subsection (g) of section 2301 of title 38, United States Code, as added by sub- section (a), shall apply to flags procured by the Sec- retary 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 Pub. L. 97–306, title IV, § 402(b), Oct. 14, 1982, 96 Stat. 1443, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect 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. [§ 2302. Repealed. Pub. L. 116–315, title II, § 2202(a)(2), Jan. 5, 2021, 134 Stat. 4984] Section, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 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, § 203(b), Oct. 18, 1978, 92 Stat. 1506; Pub. L. 95–479, title III, § 303(a), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 97–35, title XX, § 2001(a)(1), Aug. 13, 1981, 95 Stat. 781; Pub. L. 97–306, title IV, § 403[(a)], Oct. 14, 1982, 96 Stat. 1443; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2302, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 112–260, title I, § 104(b)(1), Jan. 10, 2013, 126 Stat. 2420, authorized funeral expenses for a deceased veteran. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section 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 an Effective Date of 2021 Amendment note under section 113 of this title. § 2303. Death from non-service-connected dis- ability; plot allowance (a)(1) When a veteran described in paragraph (2) dies, the Secretary shall— (A) pay the actual cost (not to exceed $700 (as increased from time to time under sub- section (c))) of the burial and funeral or, with- in 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 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 fol- lowing 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, receiv- ing—