Department of Veterans Affairs provision of transportation for deceased veterans

(a) Transportation of deceased veterans (1) In general Section 2308 of title 38, United States Code, is amended to read as follows: 2308. Transportation of deceased veterans for burial (a) In general The Secretary may pay, in addition to any amount paid under this chapter, the cost of transportation of a deceased veteran for burial in accordance with this section. (b) Transportation allowance (1) In the case of the transportation of a covered deceased veteran for burial in a covered veterans’ cemetery, the Secretary may pay a transportation allowance of $745 (as increased from time to time under paragraph (3)). (2) In the case of a covered deceased veteran who did not die in a State and for whom the actual cost of transporting the veteran from the place of death to the covered cemetery exceeds the amount of the transportation allowance in effect under paragraph (1), the Secretary may also pay an additional amount equal to the difference between such transportation allowance and the actual cost of transporting the veteran. The amount of any payment under this paragraph may not exceed the difference between such transportation allowance and the actual cost of transporting the veteran to the national cemetery nearest the veteran’s last place of residence in which burial space is available. (3) With respect to any fiscal year, the Secretary shall provide a percentage increase (rounded to the nearest dollar) in the amount of the transportation allowance payable under paragraph (1) that is equal to the percentage by which— (A) the Consumer Price Index (all items, United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the increase is made, exceeds (B) such Consumer Price Index for the 12-month period preceding the 12-month period described in subparagraph (A). (c) Deaths in covered facilities (1) Except as provided in paragraph (2), in the case of a veteran who dies in a covered facility located in a State, the Secretary shall pay the actual cost to transport the body to the place of burial, if the place of burial is located in the same or any other State. (2) In the case of a veteran who is eligible for payment under both paragraph (1) and subsection (b), the amount payable under paragraph (1) may not exceed the difference between the amount of the transportation allowance in effect under subsection (b)(1) and the actual cost of transporting the veteran to the place of burial. (d) Definitions In this section: (1) The term covered deceased veteran means any of the following deceased veterans: (A) A veteran who dies as the result of a service-connected disability. (B) A veteran who dies while in receipt of disability compensation (or who but for the receipt of retirement pay or pension under this title, would have been entitled to compensation). (C) A veteran whom the Secretary determines is eligible for funeral expenses under this chapter by virtue of the Secretary determining that the veteran has no next of kin or other person claiming the body of such veteran and that there are not available sufficient resources to cover burial and funeral expenses for the veteran. (2) The term covered facility means— (A) 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 (B) 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. (3) The term covered veterans’ cemetery means a veterans' cemetery— (A) in which a covered veteran is eligible to be buried; and (B) that— (i) in the case of deaths occurring before January 5, 2024— (I) is owned by a State; or (II) is on trust land owned by, or held in trust for, a tribal organization; or (ii) in the case of deaths occurring on or after January 5, 2024— (I) is a national cemetery; (II) is owned by a State; or (III) is on trust land owned by, or held in trust for, a tribal organization.. (2) Clerical amendment The table of sections at the beginning of chapter 23 of such title is amended by striking the item relating to section 2308 and inserting the following new item: 2308. Transportation of deceased veterans for burial.. (b) Conforming amendments Such title is further amended— (1) by striking paragraph (1) of section 2303(a) and inserting the following new paragraph (1): (1) When a veteran described in paragraph (2) dies, the Secretary shall 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 (2) in section 101(20), by striking section 2303 and inserting sections 2303 and 2308.