Us Code § 2414 - Communication between Department of Veterans Affairs and medical examiners and funeral directors
Full text of Us Code United States Code § 2414 — Communication between Department of Veterans Affairs and medical examiners and funeral directors, with citation guidance and answers to common questions.
§ 2414. Communication between Department of Veterans Affairs and medical examiners and funeral directors
(a)
(1) Whether the deceased veteran was cremated.
(2) The steps taken to ensure that the deceased veteran has no next of kin.
(b)
(1) with respect to whom the Secretary determines that there is no next of kin or other person claiming the body of the deceased veteran; and
(2) who does not have sufficient resources for the furnishing of a casket or urn for the burial of the deceased veteran in a national cemetery, as determined by the Secretary.
(Added Pub. L. 112–260, title I, §103(a), Jan. 10, 2013, 126 Stat. 2419.)
Statutory Notes and Related Subsidiaries
Effective Date
Pub. L. 112–260, title I, §103(c), Jan. 10, 2013, 126 Stat. 2420, provided that: "Section 2414 of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Jan. 10, 2013] and shall apply with respect to deaths occurring on or after the date that is 180 days after the date of the enactment of this Act."
PART III—READJUSTMENT AND RELATED BENEFITS
Editorial Notes
Amendments
2008—Pub. L. 110–252, title V, §5003(a)(2), June 30, 2008, 122 Stat. 2375, added item for chapter 33.
1994—Pub. L. 103–446, title XII, §1201(h)(1), Nov. 2, 1994, 108 Stat. 4688, struck out item for chapter 42 and added identical new item for chapter 42.
Pub. L. 103–353, §2(b)(1), Oct. 13, 1994, 108 Stat. 3169, substituted "Employment and Reemployment Rights of Members of the Uniformed Services" and "4301" for "Veterans' Reemployment Rights" and "2021" in item for chapter 43.
1991—Pub. L. 102–83, §5(b)(2), Aug. 6, 1991, 105 Stat. 406, substituted "3001" for "1401" in item for chapter 30, "3100" for "1500" in item for chapter 31, "3201" for "1601" in item for chapter 32, "3451" for "1651" in item for chapter 34, "3500" for "1700" in item for chapter 35, "3670" for "1770" in item for chapter 36, "3701" for "1801" in item for chapter 37, "3901" for "1901" in item for chapter 39, "4100" for "2000" in item for chapter 41, and "4211" for "2011" in item for chapter 42.
Pub. L. 102–16, §9(c)(2), Mar. 22, 1991, 105 Stat. 55, struck out "Disabled and Vietnam Era" after "Employment and Training of" in item for chapter 42.
1984—Pub. L. 98–525, title VII, §702(a)(2), Oct. 19, 1984, 98 Stat. 2563, added item for chapter 30.
1982—Pub. L. 97–306, title III, §301(b)(2), Oct. 14, 1982, 96 Stat. 1437, substituted "2000" for "2001" in item for chapter 41.
Pub. L. 97–295, §4(35)(A), Oct. 12, 1982, 96 Stat. 1307, substituted "1500" for "1,500" in item for chapter 31.
Pub. L. 97–295, §4(35)(B), Oct. 12, 1982, 96 Stat. 1307, substituted "1651" for "1650" in item for chapter 34.
1981—Pub. L. 97–72, title III, §302(b)(2), Nov. 3, 1981, 95 Stat. 1059, substituted "Housing and Small Business Loans" for "Home, Condominium, and Mobile Home Loans" in item for chapter 37.
1980—Pub. L. 96–466, title I, §101(b), Oct. 17, 1980, 94 Stat. 2186, substituted "Training and Rehabilitation for Veterans with Service-Connected Disabilities . . . 1,500" for "Vocational Rehabilitation . . . 1501" in item for chapter 31.
1976—Pub. L. 94–502, title III, §309(b), title IV, §405, Oct. 15, 1976, 90 Stat. 2391, 2397, added item for chapter 32 and substituted "Survivors' and Dependents' Educational Assistance" for "War Orphans' and Widows' Education Assistance" in item for chapter 35.
1974—Pub. L. 93–569, §7(d), Dec. 31, 1974, 88 Stat. 1866, substituted "Home, Condominium, and Mobile Home Loans" for "Home, Farm, and Business Loans" in item for chapter 37.
Pub. L. 93–508, title IV, §404(b), Dec. 3, 1974, 88 Stat. 1600, added item for chapter 43.
1972—Pub. L. 92–540, title V, §§502(b), 503(b), Oct. 24, 1972, 86 Stat. 1097, 1098, substituted ", Training and" for "and Employment" in item for chapter 41 and added item for chapter 42.
1971—Pub. L. 91–666, §2(b), Jan. 11, 1971, 84 Stat. 2000, substituted "Automobiles and Adaptive Equipment for Certain Disabled Veterans and Members of the Armed Forces" for "Automobiles for Disabled Veterans" in item for chapter 39.
1968—Pub. L. 90–631, §2(h)(2), Oct. 23, 1968, 82 Stat. 1333, substituted "War Orphans' and Widows' Educational Assistance . . . 1700" for "War Orphan's Educational Assistance . . . 1701" in item for chapter 35.
1966—Pub. L. 89–358, §§4(c), 6(b), Mar. 3, 1966, 80 Stat. 23, 27, added item for chapter "34. Veterans' Educational Assistance . . . 1650", struck out item for chapter "33. Education of Korean Conflict Veterans . . . 1601" and added item for chapter 36; and substituted "Job Counseling and Employment Placement Service for Veterans" for "Unemployment Benefits for Veterans" in item for chapter 41.
1965—Pub. L. 89–50, §1(b), June 24, 1965, 79 Stat. 173, struck out item for chapter 43 "Mustering-Out Payments".
Statutory Notes and Related Subsidiaries
Continuation of Department of Veterans Affairs Educational Assistance Benefits for Certain Programs of Education During COVID–19 Emergency
Pub. L. 116–315, title I, subtitle B, §§1101–1104, Jan. 5, 2021, 134 Stat. 4960, as amended by Pub. L. 117–76, §5(b)–(d), Dec. 21, 2021, 135 Stat. 1520; Pub. L. 117–333, §2(c)(1), Jan. 5, 2023, 136 Stat. 6125, related to continued educational assistance benefits provided during the COVID–19 emergency. For related provisions regarding the continuation of educational assistance benefits during emergency situations in general, see subchapter I of chapter 36 of this title.
Continuation of Department of Veterans Affairs Educational Assistance Benefits for Certain Programs of Education Converted to Distance Learning by Reason of Emergencies and Health-Related Situations
Pub. L. 116–128, §1, Mar. 21, 2020, 134 Stat. 221, as amended by Pub. L. 116–159, div. E, title II, §5202(b), Oct. 1, 2020, 134 Stat. 750; Pub. L. 116–315, title I, §1107(a), Jan. 5, 2021, 134 Stat. 4966; Pub. L. 117–76, §2(b), Dec. 21, 2021, 135 Stat. 1517, which related to a temporary continuation of educational assistance benefits for programs converted from on-site to distance learning by reason of an emergency or health-related situation, was repealed by Pub. L. 117–333, §2(c)(2), Jan. 5, 2023, 136 Stat. 6125. See section 3603 of this title.
1 So in original. The period probably should not appear.
CHAPTER 30—ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
SUBCHAPTER I—PURPOSES; DEFINITIONS
SUBCHAPTER II—BASIC EDUCATIONAL ASSISTANCE
SUBCHAPTER III—SUPPLEMENTAL EDUCATIONAL ASSISTANCE
SUBCHAPTER IV—TIME LIMITATION FOR USE OF ELIGIBILITY AND ENTITLEMENT; GENERAL AND ADMINISTRATIVE PROVISIONS
Editorial Notes
Amendments
2012—Pub. L. 112–154, title IV, §402(b)(2), Aug. 6, 2012, 126 Stat. 1190, struck out item 3036 "Reporting requirement".
2010—Pub. L. 111–275, title X, §1001(f), Oct. 13, 2010, 124 Stat. 2896, added item 3020 and struck out former item 3020 "Authority to transfer unused education benefits to family members of career service members".
2008—Pub. L. 110–252, title V, §5006(e)(1), June 30, 2008, 122 Stat. 2386, added item 3020 and struck out former item 3020 "Transfer of entitlement to basic educational assistance: members of the Armed Forces with critical military skills".
2002—Pub. L. 107–330, title III, §308(b)(2)(B), Dec. 6, 2002, 116 Stat. 2827, amended item 3014A generally, substituting "in high technology occupation in high technology industry" for "in high technology industry".
2001—Pub. L. 107–107, div. A, title VI, §654(a)(2), Dec. 28, 2001, 115 Stat. 1156, added item 3020.
Pub. L. 107–103, title I, §104(a)(2), Dec. 27, 2001, 115 Stat. 981, added item 3014A.
1996—Pub. L. 104–275, title I, §106(b)(1), Oct. 9, 1996, 110 Stat. 3329, added item 3018C.
1992—Pub. L. 102–484, div. D, title XLIV, §4404(b)(1), Oct. 23, 1992, 106 Stat. 2706, added item 3018B.
1991—Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1401 to 1436 as 3001 to 3036, respectively.
Pub. L. 102–54, §14(c)(2), June 13, 1991, 105 Stat. 285, substituted "subchapter" for "chapter" in item 1423.
1990—Pub. L. 101–510, div. A, title V, §561(a)(2), Nov. 5, 1990, 104 Stat. 1573, added item 1418A.
1988—Pub. L. 100–689, title I, §§101(b), 103(c), 107(a)(3), Nov. 18, 1988, 102 Stat. 4162, 4166, 4168, added items 1417 to 1419.
1986—Pub. L. 99–576, title III, §301(d)(2), Oct. 28, 1986, 100 Stat. 3268, amended item 1432 generally, substituting "Limitations" for "Limitation".
Statutory Notes and Related Subsidiaries
Veterans Integration to Academic Leadership Program of the Department of Veterans Affairs
Pub. L. 117–328, div. V, title V, §501, Dec. 29, 2022, 136 Stat. 5513, provided that:
"(a)
"(1) The number of medical centers of the Department, institutions of higher learning, non-college degree programs, and student veterans supported by the program, and relevant trends since the program began.
"(2) The staff and resources allocated to the program, and relevant trends since the program began.
"(3) An assessment of the outcomes and effectiveness of the program in—
"(A) supporting student veterans;
"(B) connecting student veterans to needed services of the Department or services provided by non-Department entities;
"(C) addressing the mental health needs of student veterans;
"(D) lowering the suicide risk of student veterans; and
"(E) helping student veterans achieve educational goals.
"(4) An assessment of barriers to expanding the program and how the Secretary intends to address such barriers.
"(5) An assessment of whether the program should be expanded outside of the Office of Mental Health and Suicide Prevention to support students veterans with needs unrelated to mental health or suicide.
"(b)
"(c)
"(d)
"(e)
"(1) The term 'institution of higher learning' has the meaning given that term in section 3452 of title 38, United States Code.
"(2) The term 'student veteran' means the following:
"(A) A veteran or member of the Armed Forces using educational assistance under any of the following provisions of law:
"(i) Chapter 30, 31, 32, or 33 of title 38, United States Code, or chapter 1606 or 1607 of title 10, United States Code.
"(ii) Section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note).
"(iii) Section 8006 of the American Rescue Plan Act of 2021 (Public Law 117–2; 38 U.S.C. 3001 note prec.).
"(B) A veteran who is enrolled in an institution of higher learning or other training program, without regard to whether the veteran is using educational assistance specified in subparagraph (A)."
COVID–19 Veteran Rapid Retraining Assistance Program
Pub. L. 117–2, title VIII, §8006, Mar. 11, 2021, 135 Stat. 113, as amended by Pub. L. 117–16, §2(a), June 8, 2021, 135 Stat. 280; Pub. L. 117–138, §2(a), (b), June 7, 2022, 136 Stat. 1256, 1257, provided that:
"(a)
"(b)
"(1)
"(A) as of the date of the receipt by the Department of Veterans Affairs of an application for assistance under this section, is at least 22 years of age but not more than 66 years of age;
"(B) as of such date, is unemployed by reason of the covered public health emergency, as certified by the veteran;
"(C) as of such date, is not eligible to receive educational assistance under chapter 30, 31, 32, 33, or 35 of title 38, United States Code, or chapter 1606 of title 10, United States Code;
"(D) is not enrolled in any Federal or State jobs program;
"(E) is not in receipt of compensation for a service-connected disability rated totally disabling by reason of unemployability; and
"(F) will not be in receipt of unemployment compensation (as defined in section 85(b) of the Internal Revenue Code of 1986 [26 U.S.C. 85(b)]), including any cash benefit received pursuant to subtitle A of title II of division A of the CARES Act (Public Law 116–136) [15 U.S.C. 9021 et seq., see Short Title note set out under section 9001 of Title 15, Commerce and Trade], as of the first day on which the veteran would receive a housing stipend payment under this section.
"(2)
"(3)
"(c)
"(1)
"(A) that—
"(i) is approved under chapter 36 of such title;
"(ii) does not lead to a bachelors or graduate degree; and
"(iii) is designed to provide training for a high-demand occupation, as determined under paragraph (3); or
"(B) that is a high technology program of education offered by a qualified provider, under the meaning given such terms in section 116 of the Harry W. Colmery Veterans Educational Assistance Act of 2017 (Public Law 115–48; 38 U.S.C. 3001 note).
"(2)
"(3)
"(A)
"(B)
"(4)
"(d)
"(1)
"(A) 50 percent of the total amount payable shall be paid when the eligible veteran begins the program of education.
"(B) 25 percent of the total amount payable shall be paid when the eligible veteran completes the program of education.
"(C) 25 percent of the total amount payable shall be paid when the eligible veteran finds employment in a field related to the program of education.
"(2)
"(A)
"(B)
"(C)
"(D)
"(i)
"(ii)
"(I) the Secretary shall not make a payment to the educational institution under paragraph (1)(C); and
"(II) the educational institution may not seek payment from the veteran for any amount that would have been payable under paragraph (1)(C) had the veteran found employment during such 180-day period.
"(3)
"(A) in the case of a covered program of education leading to a degree, or a covered program of education not leading to a degree, at an institution of higher learning (as that term is defined in section 3452(f) of title 38, United States Code) pursued on more than a half-time basis, the amount specified under subsection (c)(1)(B) of section 3313 of title 38, United States Code;
"(B) in the case of a covered program of education other than a program of education leading to a degree at an institution other than an institution of higher learning pursued on more than a half-time basis, the amount specified under subsection (g)(3)(A)(ii) of such section; or
"(C) in the case of a covered program of education pursued on a half-time basis or less, or a covered program of education pursued solely through distance learning on more than a half-time basis, the amount specified under subsection (c)(1)(B)(iii) of such section.
"(4)
"(e)
"(f)
"(1) not later than 30 days after the date on which the veteran begins the program of education to notify the veteran of the availability of employment placement services upon completion of the program; and
"(2) not later than 14 days after the date on which the veteran completes, or terminates participation in, such program to facilitate the provision of employment placement services to such veteran.
"(g)
"(1)
"(2)
"(A) is an association of businesses; and
"(B) has at least two years of experience providing job placement services for veterans.
"(h)
"(i)
"(1) The percentage of such veterans who found employment before the end of the second calendar quarter after exiting the program.
"(2) The percentage of such veterans who found employment before the end of the fourth calendar quarter after exiting the program.
"(3) The median earnings of all such veterans for the second quarter after exiting the program.
"(4) The percentage of such veterans who attain a recognized postsecondary credential during the 12-month period after exiting the program.
"(j)
"(k)
"(l)
"(m)
"(n)
"(1)
"(A) the closure of an educational institution; or
"(B) the disapproval of a program of education by the State approving agency or the Secretary when acting in the role of the State approving agency.
"(2)
"(3)
"(4)
"(o)
"(1) The term 'covered public health emergency' means the declaration—
"(A) of a public health emergency, based on an outbreak of COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
"(B) of a domestic emergency, based on an outbreak of COVID–19 by the President, the Secretary of Homeland Security, or State, or local authority.
"(2) The term 'veteran' means—
"(A) a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable; or
"(B) a member of a reserve component of the Armed Forces who performs active service for a period of 30 days or longer by reason of the covered public health emergency.
"(3) The term 'active service' has the meaning given such term in section 101 of title 10, United States Code."
[Pub. L. 117–138, §2(c), June 7, 2022, 136 Stat. 1257, provided that: "The amendments made by this section [amending section 8006 of Pub. L. 117–2, set out above] shall apply as if included in the American Rescue Plan Act of 2021 (Public Law 117–2)."]
[Pub. L. 117–16, §2(b), June 8, 2021, 135 Stat. 282, provided that: "The amendments made by subsection (a) [amending section 8006 of Pub. L. 117–2, set out above] shall apply as if included in the enactment of the American Rescue Plan Act of 2021 (Public Law 117–2)."]
SUBCHAPTER I—PURPOSES; DEFINITIONS
About This Section
38 U.S.C. § 2414 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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