H.R. 5038

Veterans' Memorial Marker Act of 2006

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I

109th CONGRESS

2d Session

H. R. 5038

IN THE HOUSE OF REPRESENTATIVES

March 29, 2006

Mr. Miller 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 extend and expand the application of the Department of Veterans Affairs benefit for Government markers for marked graves of veterans buried in private cemeteries and to provide Government markers or memorial headstones for deceased dependent children of veterans whose remains are unavailable for burial.

1.

Short title

This Act may be cited as the Veterans' Memorial Marker Act of 2006.

2.

Extension and expanded application of Department of Veterans Affairs benefit for Government markers for marked graves of veterans buried in private cemeteries

(a)

One-year extension of Government marker benefit

Section 2306(d)(3) of title 38, United States Code, is amended by striking December 31, 2006 and inserting December 31, 2007.

(b)

Application of Government marker benefit to veterans dying on or after November 1, 1990

Subsection (d) of section 502 of the Veterans Education and Benefits Expansion Act of 2001 (Public Law 107–103; 38 U.S.C. 2306 note) is amended by striking September 11, 2001 and inserting November 1, 1990.

3.

Provision of Government markers or memorial headstones for deceased dependent children of veterans whose remains are unavailable for burial

(a)

Provision of markers

Subsection (b) of section 2306 of title 38, United States Code, is amended—

(1)

by adding at the end of paragraph (2) the following new subparagraph:

(C)

An eligible dependent child of a veteran.

; and

(2)

by adding at the end of paragraph (4) the following new subparagraph:

(C)

For purposes of this section, the term eligible dependent child means a child—

(i)

who is under 21 years of age, or under 23 years of age if pursuing a course of instruction at an approved educational institution; or

(ii)

who became permanently physically or mentally disabled and incapable of self-support before reaching 21 years of age, or before reaching 23 years of age if pursuing a full-time course of instruction at an approved educational institution.

.

(b)

Addition of memorial inscription to headstone of veteran

Subsection (f) of such section is amended by inserting or eligible dependent child after surviving spouse both places it appears.

(c)

Effective date

The amendments made by subsections (a) and (b) shall apply with respect to individuals dying after the date of the enactment of this Act.