I 111th CONGRESS 2d Session H. R. 6042 IN THE HOUSE OF REPRESENTATIVES July 30, 2010 Mr. Klein of Florida (for himself and Ms. Berkley) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To amend title 38, United States Code, to expand burial benefits for certain homeless veterans.

1.

Short title

This Act may be cited as the Dignity for our Nation’s Heroes Act.

2.

Expansion of burial benefits for veterans

(a)

Homeless veterans

(1)

In general

Chapter 23 of such title is amended by inserting after section 2302 the following new section:

2302A.

Funeral expenses for homeless veterans not serving during wartime

(a)

Payment of funeral expenses

The Secretary, in the Secretary’s discretion, having due regard to the circumstances in each case, may pay a sum not exceeding the amount authorized under section 2302(a) of this title to such person as the Secretary prescribes to cover the burial and funeral expenses of a deceased veteran described in subsection (b) and the expense of preparing the body and transporting it to the place of burial. (b)

Homeless veteran

A deceased veteran described in this subsection is an individual— (1)whom the Secretary determines— (A)is a homeless veteran (as defined in section 2002(1) of this title); (B)has no next of kin or other person claiming the body of the deceased veteran; and (C)does not have available sufficient resources to cover burial and funeral expenses; (2)whose service in the Armed Forces was not during wartime; and (3)who was either— (A)discharged from the active military, naval, or air service under honorable conditions; or (B)died during a period deemed to be active military, naval, or air service under section 106(c) of this title. (c)

Deductions

(1)Except as provided in this subsection, no deduction shall be made from the burial allowance because of the veteran’s net assets at the time of the death of such veteran, or because of any contribution from any source toward the burial and funeral expenses (including transportation) unless the amount of expenses incurred is covered by the amount actually paid therefor by the United States, a State, any agency or political subdivision of the United States or of a State, or the employer of the deceased veteran. (2)No claim shall be allowed— (A)for more than the difference between the entire amount of the expenses incurred and an amount paid by the United States, a State, any agency or political subdivision of the United States or of a State, or the employer of the deceased veteran, as described in paragraph (1); (B)when the burial allowance would revert to the funds of a public or private organization or would discharge such an organization’s obligation without payment; or (C)in any case where payment of expenses of funeral, transportation, and interment for the veteran is made under any other Act.

. (2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2302 the following new item: 2302A. Funeral expenses for homeless veterans not serving during wartime. . (b)

Effective date

The amendment made by subsection (a)(1) shall apply to deaths occurring on or after the date of the enactment of this Act.