I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. RESTORATION OF VETERAN PLOT ALLOWANCE 

2 ELIGIBILITY AND HEADSTONE OR MARKER 

3 ALLOWANCE. 

4 (a) RESTORATION OF PLOT ALLOWANCE ELIGI5 BILITY FOR VETERANS OF ANY WAR.—Section 2303(b) 

6 of title 38, United States Code, is amended— 

7 (1) in the matter preceding paragraph (1), by 

8 striking ‘‘subsection (a) of this section’’ and all that 

9 follows through ‘‘and who’’ and inserting the fol10 lowing: ‘‘subsection (a), in the case of a veteran who 

11 is eligible for a burial allowance under such sub12 section or under section 2302 of this title, who was 

13 discharged from the active military, naval, or air 

14 service for a disability incurred or aggravated in the 

15 line of duty, or who is a veteran of any war and’’; 

16 and 

17 (2) in paragraph (2)— 

18 (A) by striking ‘‘is eligible for a burial al19 lowance under section 2302 of this title or 

20 under subsection (a) of this section, or was dis21 charged from the active military, naval, or air 

22 service for a disability incurred or aggravated in 

23 line of duty, and such veteran’’; and 

24 (B) by striking ‘‘clause (1) of this sub25 section’’ and inserting ‘‘paragraph (1)’’. 


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1 (b) RESTORATION OF HEADSTONE OR MARKER AL2 LOWANCE.— 

3 (1) ALLOWANCE.—Section 2306 of title 38, 

4 United States Code, is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(h) In lieu of furnishing a headstone or marker 

7 under subsection (a)(2) or (b), the Secretary, in the Sec8 retary’s discretion, having due regard for the cir9 cumstances in each case, may reimburse the person enti10 tled to request such headstone or marker for the cost of 

11 acquiring a non-Government headstone or marker for 

12 placement in any cemetery other than a national cemetery 

13 in connection with the burial or memorialization of the de14 ceased individual.’’. 

15 (2) CONFORMING AMENDMENT.—Subsection (g) 

16 of such section is amended by adding at the end the 

17 following new paragraph: 

18 ‘‘(4) Reimbursement may not be provided under sub19 section (h) for the cost of acquiring a non-Government 

20 headstone or marker in connection with the burial or me21 morialization of a person described in section 2411(b) of 

22 this title.’’. 

23 (3) CLERICAL AMENDMENT.—Subsection (a) of 

24 such section is amended by moving the margin of 


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1 each of paragraphs (1) through (5) by two ems to 

2 the right. 

3 (4) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply with respect to deaths 

5 occurring on or after the date of the enactment of 

6 this Act. 

Æ 


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