Sec. 2202. INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS
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## SEC. 2202 INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS ###
(a)Funeral Expenses for Non-service-connected Disabilities Chapter 23 of title 38, United States Code, is amended as follows: ####
(1)By transferring subsection
(b)of section 2302 to the end of section 2303 and redesignating such subsection as subsection (d). ####
(2)By striking section 2302. ####
(3)In section 2303— #####
(A)in the section heading, by striking “Death in Department facility” and inserting “Death from non-service-connected disability”; and #####
(B)in subsection (a)— ######
(i)in paragraph (1), by striking “a veteran dies in a facility described in paragraph (2)” and inserting “a veteran described in paragraph
(2)dies”; ######
(ii)by striking paragraph
(2)and inserting the following new paragraph (2): > > #### “(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 following 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, receiving— > > > ###### “(I) > > hospital care in accordance with sections 1703A, 8111, and 8153 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) > > At the time of death, the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) is in receipt of compensation under chapter 11 of this title (or but for the receipt of retirement pay would have been entitled to such compensation) or was in receipt of pension under chapter 15 of this title. > > > ##### “(C) > > The Secretary determines— > > > ###### “(i) > > the deceased veteran (including a person who died during a period deemed to be active military, naval, or air service under section 106(c) of this title) has no next of kin or other person claiming the body of the deceased veteran; and > > > ###### “(ii) > > that there are not available sufficient resources to cover burial and funeral expenses.” > ; ######
(iii)in subsection (b)— ######
(I)in the matter preceding paragraph (1), by striking “section 2302 of this title and”; and ######
(II)in paragraph (2), by striking “under section 2302 of this title or”; and ######
(iv)in subsection (d), as added by paragraph
(1)of this subsection, by striking “Except as” and inserting “With respect to a deceased veteran described in subparagraph
(B)or
(C)of subsection (a)(2), except as”. ###
(b)Conforming Amendments ####
(1)Title 38 Such title is amended as follows: #####
(A)In section 2304, by striking “Applications for payments under section 2302 of this title” and inserting “Applications for payments under section 2303 of this title regarding veterans described in subparagraph
(B)or
(C)of subsection (a)(2) of such section”. #####
(B)In section 2307, by striking “sections 2302 and 2303(a)(1) and (b)(2) of this title” and inserting “subsections (a)(1) and (b)(2) of section 2303 of this title”. #####
(C)In section 2308— ######
(i)in subsection (a), by striking “pursuant to section 2302 or 2307 of this title,” and inserting “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,”; and ######
(ii)in subsection (b)(3)— ######
(I)by striking “section 2302” and inserting “section 2303”; and ######
(II)by striking “subsection (a)(2)(A)” and inserting “subsection (a)(2)(C)”. #####
(D)In section 113(c)(1), by striking “2302,”. #####
(E)In section 5101(a)(1)(B)(i), by striking “2302” and inserting “2303”. ####
(2)Emergency medical care Section 11 of the Military Selective Service Act (50 U.S.C. 3810) is amended by striking “section 2302(a) of title 38” and inserting “section 2303 of title 38, United States Code, regarding veterans described in subparagraph
(B)or
(C)of subsection (a)(2) of such section”. ###
(c)Clerical Amendment **[**[38 U.S.C. 2301](/us/usc/t38/s2301)**]** The table of sections at the beginning of chapter 23 of such title is amended by striking the items relating to sections 2302 and 2303 and inserting the following new item:" “2303. Death from non-service-connected disability; plot allowance.” ". ###
(d)Effective Date **[**[38 U.S.C. 113 note](/us/usc/t38/s113)**]** The amendments made by this section shall apply to deaths that occur on or after the date that is two years after the date of the enactment of this Act.
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Sec. 2202
INCREASE IN CERTAIN FUNERAL BENEFITS UNDER LAWS ADMINISTERED BY THE SECRETARY OF VETERANS AFFAIRS
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