Chapter 23, Section 2303, Subsection (a) · 38 U.S.C. Chapter 23

Contents

(a)at the beginning of section 53(2 (which provides as to the effect of presentment of a bill of exchange) there shall be inserted the words “ Subject to section 75A of this Act, ”; and

(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 subsection (c))) 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 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.

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