I 
112TH CONGRESS 
2D SESSION 
H. R. 5833 
To amend title 38, United States Code, to increase burial benefits for 
veterans, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 18, 2012 
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 increase burial 
benefits for veterans, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Burial Bene-
fits Improvement Act of 2012’’. 
SEC. 2. INCREASE IN BURIAL BENEFITS FOR VETERANS. 
(a) BURIAL AND FUNERAL EXPENSES.—(1) Section 
2302(a) of title 38, United States Code, is amended by 
striking ‘‘$300’’ and inserting ‘‘$3,000 (as increased from 
time to time under section 5312(a) of this title)’’. 
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(2) Section 2303(a)(1)(A) of such title is amended 
by striking ‘‘$700’’ and inserting ‘‘$3,000’’. 
(3) Section 2307 of such title is amended by striking 
‘‘$2,000,’’ and inserting ‘‘$4,000 (as increased from time 
to time under section 5312(a) of this title),’’. 
(b) PLOT ALLOWANCE.—Section 2303(b) of such 
title is amended— 
(1) in paragraph (1), by striking ‘‘$700’’ and 
inserting ‘‘$800’’; and 
(2) in paragraph (2), by striking ‘‘$700’’ the 
second place it appears and inserting ‘‘$800’’. 
(c) ANNUAL ADJUSTMENT.—Section 5312(a) of such 
title is amended by striking ‘‘and each rate of monthly 
allowance paid under section 1805 of this title,’’ and in-
serting ‘‘each rate of monthly allowance paid under section 
1805 of this title, each rate of burial and funeral expenses 
provided for under sections 2302(a) and 2307 of this title, 
and each rate of plot allowance provided for under section 
2303(b) of this title,’’. 
(d) EFFECTIVE DATE.—(1) Except as provided in 
paragraph (2), the amendments made by this section shall 
apply to deaths occurring on or after the date of the enact-
ment of this Act. 
(2) No adjustments shall be made under section 
5312(a) of title 38, United States Code, as amended by 
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subsection (c), for fiscal year 2012 for rates of burial and 
funeral expenses provided for under sections 2302(a) and 
2307 of title 38, United States Code. 
SEC. 3. RESTORATION OF VETERAN PLOT ALLOWANCE ELI-
GIBILITY AND HEADSTONE OR MARKER AL-
LOWANCE. 
(a) RESTORATION
OF PLOT ALLOWANCE ELIGI-
BILITY 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 fol-
lowing: ‘‘subsection (a), in the case of a veteran who 
is eligible for a burial allowance under such sub-
section 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 al-
lowance under section 2302 of this title or 
under subsection (a) of this section, or was dis-
charged from the active military, naval, or air 
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service for a disability incurred or aggravated in 
line of duty, and such veteran’’; and 
(B) by striking ‘‘clause (1) of this sub-
section’’ and inserting ‘‘paragraph (1)’’. 
(b) RESTORATION OF HEADSTONE OR MARKER AL-
LOWANCE.— 
(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 Sec-
retary’s discretion, having due regard for the cir-
cumstances in each case, may reimburse the person enti-
tled 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 de-
ceased 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 sub-
section (h) for the cost of acquiring a non-Government 
headstone or marker in connection with the burial or me-
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morialization 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. 
SEC. 4. 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 fol-
lowing new section: 
‘‘§ 2302A. Funeral expenses for homeless veterans not 
serving during wartime 
‘‘(a) PAYMENT OF FUNERAL EXPENSES.—The Sec-
retary, in the Secretary’s discretion, having due regard to 
the circumstances in each case, may pay a sum not exceed-
ing 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 de-
scribed in subsection (b) and the expense of preparing the 
body and transporting it to the place of burial. 
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‘‘(b) HOMELESS VETERAN.—A deceased veteran de-
scribed 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 re-
sources 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 ac-
tive 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 al-
lowance because of the veteran’s net assets at the time 
of the death of such veteran, or because of any contribu-
tion from any source toward the burial and funeral ex-
penses (including transportation) unless the amount of ex-
penses incurred is covered by the amount actually paid 
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therefore by the United States, a State, any agency or po-
litical 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 vet-
eran, 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 vet-
eran is made under any other Act.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions 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. 
Æ 
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