[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4044 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 4044

   To amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to restore plot allowance eligibility for veterans of 
 any war and to restore the headstone or marker allowance for eligible 
                                persons.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 6, 2009

Ms. Berkley (for herself, Mr. Filner, Ms. Corrine Brown of Florida, Mr. 
  Hall of New York, Mr. Michaud, Mr. Courtney, Mr. Nye, Mr. Hare, Mr. 
  Teague, Mr. Rodriguez, Ms. Schakowsky, Mr. Ellsworth, Mr. Moore of 
  Kansas, Mr. Crowley, Mr. Engel, Mr. Space, Mr. Grayson, Mr. Wu, Mr. 
 Driehaus, Ms. Titus, Ms. Eddie Bernice Johnson of Texas, Ms. Watson, 
 Mr. Serrano, Mr. Adler of New Jersey, Mr. Schauer, Mr. Murphy of New 
   York, Ms. Loretta Sanchez of California, Ms. Herseth Sandlin, Mr. 
 Altmire, Mr. Higgins, Mr. McNerney, Mr. Cardoza, Mrs. Kirkpatrick of 
 Arizona, Ms. Kilpatrick of Michigan, and Mr. Sarbanes) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to direct the Secretary of 
Veterans Affairs to restore plot allowance eligibility for veterans of 
 any war and to restore the headstone or marker allowance for eligible 
                                persons.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. RESTORATION OF VETERAN PLOT ALLOWANCE ELIGIBILITY AND 
              HEADSTONE OR MARKER ALLOWANCE.

    (a) Restoration of Plot Allowance Eligibility for Veterans of Any 
War.--Section 2303(b) of title 38, United States Code, is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``subsection (a) of this section'' and all that follows through 
        ``and who'' and inserting the following: ``subsection (a), in 
        the case of a veteran who is eligible for a burial allowance 
        under such subsection or under section 2302 of this title, who 
        was discharged from the active military, naval, or air service 
        for a disability incurred or aggravated in the line of duty, or 
        who is a veteran of any war and''; and
            (2) in paragraph (2)--
                    (A) by striking ``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 veteran''; and
                    (B) by striking ``clause (1) of this subsection'' 
                and inserting ``paragraph (1)''.
    (b) Restoration of Headstone or Marker Allowance.--
            (1) Allowance.--Section 2306 of title 38, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(h) In lieu of furnishing a headstone or marker under subsection 
(a)(2) or (b), the Secretary, in the Secretary's discretion, having due 
regard for the circumstances in each case, may reimburse the person 
entitled to request such headstone or marker for the cost of acquiring 
a non-Government headstone or marker for placement in any cemetery 
other than a national cemetery in connection with the burial or 
memorialization of the deceased individual.''.
            (2) Conforming amendment.--Subsection (g) of such section 
        is amended by adding at the end the following new paragraph:
    ``(4) Reimbursement may not be provided under subsection (h) for 
the cost of acquiring a non-Government headstone or marker in 
connection with the burial or memorialization of a person described in 
section 2411(b) of this title.''.
            (3) Clerical amendment.--Subsection (a) of such section is 
        amended by moving the margin of each of paragraphs (1) through 
        (5) by two ems to the right.
            (4) Effective date.--The amendments made by this subsection 
        shall apply with respect to deaths occurring on or after the 
        date of the enactment of this Act.
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