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The law › Title 38, Veterans' Benefits › Chapter 23

38 U.S.C. 2303: Death from non-service-connected disability; plot allowance

Created in 1958 by Public Law 85-857. Changed by 25 later laws. No bill we track in this Congress changes it.

4 other sections of the Code cite this one, including 38 U.S.C. 2304, 38 U.S.C. 2307, 38 U.S.C. 2308, 50 U.S.C. 3810.

1 part of federal rules cite it as their authority, written by Department of Veterans Affairs (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–103, §102(c)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "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 w… (Consolidated Appropriations Act, 2022) Law text · (b)
    • Pub. L. 117–103, §102(c)(1)(B), inserted "tribal organization," after "of a State,". (Consolidated Appropriations Act, 2022) Law text · (b)
    • Pub. L. 117–103, §102(c)(2), added subsec. (e). (Consolidated Appropriations Act, 2022) Law text · (e)

    2021

    • Pub. L. 116–315, §2202(a)(3)(A), substituted "Death from non-service-connected disability" for "Death in Department facility" in section catchline. (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text
    • Pub. L. 116–315, §2202(a)(3)(B)(i), substituted "a veteran described in paragraph (2) dies" for "a veteran dies in a facility described in paragraph (2)". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (a)
    • Pub. L. 116–315, §2202(a)(3)(B)(ii), added par. (2) and struck out former par. (2) which read as follows: "A facility described in this paragraph is— (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (a)
    • Pub. L. 116–315, §2202(a)(3)(B)(iii)(I), struck out "section 2302 of this title and" before "subsection (a) of this section". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (b)
    • Pub. L. 116–315, §2202(a)(3)(B)(iii)(II), struck out "under section 2302 of this title or" before "under subsection (a) of this section". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (b)
    • Pub. L. 116–283 substituted "air, or space service" for "or air service". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)
    • Pub. L. 116–315, §2202(3)(B)(iv), substituted "With respect to a deceased veteran described in subparagraph (B) or (C) of subsection (a)(2), except as" for "Except as". (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (d)
    • Pub. L. 116–315, §2202(a)(1), transferred subsec. (b) of section 2302 of this title to subsec. (d) of this section. (Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020) Law text · (d)

    2018

    • Pub. L. 115–182 substituted "with sections 1703A, 8111, and 8153" for "with section 1703". (John S. McCain III, Daniel K. Akaka, and Samuel R. Johnson VA Maintaining Internal Systems and Strengthening Integrated Outside Networks Act of 2018" or the "VA MISSION Act of 2018) Law text · (a)

    2015

    • Pub. L. 114–58 substituted "interment" for "internment" in introductory provisions. (Department of Veterans Affairs Expiring Authorities Act of 2015) Law text · (c)

    2010

    • Pub. L. 111–275, §501(a), substituted "$700 (as increased from time to time under subsection (c))" for "$300". (Veterans' Benefits Act of 2010) Law text · (a)
    • Pub. L. 111–275, §501(b), substituted "$700 (as increased from time to time under subsection (c))" for "$300" in pars. (1) and (2). (Veterans' Benefits Act of 2010) Law text · (b)
    • Pub. L. 111–275, §501(c), added subsec. (c). (Veterans' Benefits Act of 2010) Law text · (c)

    2003

    • Pub. L. 108–183, §501(a)(1), in introductory provisions, substituted "burial in a national cemetery under section 2402 of this title" 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 disa… (Veterans Benefits Act of 2003) Law text · (b)
    • Pub. L. 108–183, §501(a)(2), substituted "is eligible for a burial allowance under section 2302 of this title or under subsection (a) of this section, or was discharged from the active military, naval, or air service for a disability incurred or aggravated in line of duty, and such … (Veterans Benefits Act of 2003) Law text · (b)

    2001

    • Pub. L. 107–103 substituted "$300" for "$150". (Veterans Education and Benefits Expansion Act of 2001) Law text · (b), (2)

    2000

    • 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". (Veterans Benefits and Health Care Improvement Act of 2000) Law text · (b)

    1997

    • 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)". (Veterans' Benefits Act of 1997) Law text · (a)

    1996

    • 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 … (Veterans' Benefits Improvements Act of 1996) Law text · (a)

    1991

    • Pub. L. 102–83, §5(a), renumbered section 903 of this title as this section.
    • Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in section catchline.
    • Pub. L. 102–83, §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. · (a)
    • Pub. L. 102–83, §4(a)(3), (4), substituted "Department" for "Veterans' Administration" in introductory provisions and in par. (1). · (a)
    • Pub. L. 102–83, §5(c)(1), substituted "2302" for "902" in two places in introductory provisions. · (b)

    1990

    • 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". · (b)

    1989

    • Pub. L. 101–237 substituted "Secretary" for "Administrator" wherever appearing.

    1986

    • Pub. L. 99–272 inserted "hospital care in accordance with section 603 of this title or". · (a)

    1982

    • 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 ho… · (a)

    1981

    • 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. · (b)

    1978

    • Pub. L. 95–479 substituted "$300" for $250". · (a)
    • 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 th… · (b)

    1976

    • Pub. L. 94–581 inserted ", nursing home," after "hospital" and substituted "611(a)" for "611" in provisions preceding par. (1). · (a)

    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), …

    1966

    • 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. · (b)

    1961

    • 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. · (b)

    1960

    • Pub. L. 86–624 substituted "continental United States or Hawaii" for "continental United States (including Alaska)" in two places. · (b)

    1959

    • 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 bur… · (b)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.