[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2089 Engrossed in Senate (ES)]
<DOC>
117th CONGRESS
2d Session
S. 2089
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to ensure that grants provided
by the Secretary of Veterans Affairs for State veterans' cemeteries do
not restrict States from authorizing the interment of certain deceased
members of the reserve components of the Armed Forces in such
cemeteries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burial Equity for Guards and
Reserves Act of 2021''.
SEC. 2. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN INDIVIDUALS IN
CERTAIN STATE VETERANS' CEMETERIES.
(a) Grants.--Section 2408 of title 38, United States Code, is
amended--
(1) in subsection (d)(2), by striking ``The Secretary may''
and inserting ``Except as provided in subsection (i), the
Secretary may'';
(2) by redesignating subsection (i) as subsection (k); and
(3) by inserting after subsection (h) the following new
subsections:
``(i)(1) The Secretary may not establish a condition for a grant
under this section that restricts the ability of a State receiving such
a grant to inter in a veterans' cemetery owned by that State any
individual described in paragraph (2) solely by reason of the
ineligibility of such individual for burial in an open national
cemetery under the control of the National Cemetery Administration
under section 2402(a) of this title.
``(2) An individual described in this paragraph is the following:
``(A) Any member of a reserve component of the Armed Forces
who was discharged or released from service under conditions
other than dishonorable or whose death occurs under conditions
other than dishonorable while a member of such a reserve
component.
``(B) Any member of the Army National Guard or the Air
National Guard who was discharged or released from service
under conditions other than dishonorable or whose death occurs
under conditions other than dishonorable while a member of the
Army National Guard or the Air National Guard.
``(C) Any member of the Reserve Officers' Training Corps of
the Army, Navy, or Air Force whose death occurs under
conditions other than dishonorable while a member of the
Reserve Officers' Training Corps of the Army, Navy, or Air
Force.
``(D) Any spouse of any member described in subparagraphs
(A) through (C).
``(E) Any minor child or unmarried adult child (as such
terms are defined in section 2402(a) of this title) of any
member described in subparagraphs (A) through (C).
``(j) The Secretary may not deny an application for a grant under
this section solely on the basis that the State receiving such grant
may use funds from such grant to expand, improve, operate, or maintain
a veterans' cemetery in which interment of individuals described in
subsection (i)(2) is allowed.''.
(b) Prohibition on Enforcing Certain Conditions on Grants for State
Veterans' Cemeteries.--The Secretary of Veterans Affairs may not
enforce a condition on a grant described in subsection (i)(1) of
section 2408 of title 38, United States Code, as added by subsection
(a), that was established before the date of the enactment of this Act.
(c) Plot Allowances.--Section 2303 of title 38, United States Code,
is amended--
(1) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) the Secretary shall pay to the relevant State,
agency, political subdivision, or tribal organization, as the
case may be, the sum of $700 (as increased from time to time
under subsection (c)) as a plot or interment allowance for such
veteran if the veteran is buried (without charge for the cost
of a plot or interment) in a cemetery, or a section of a
cemetery, that--
``(A) is used solely for the interment of persons
who are--
``(i) eligible for burial in a national
cemetery;
``(ii) members of a reserve component of
the Armed Forces not otherwise eligible for
such burial or former members of such a reserve
component not otherwise eligible for such
burial who are discharged or released from
service under conditions other than
dishonorable; or
``(iii) described in section 2408(i)(2) of
this title; and
``(B) is--
``(i) owned by a State or by an agency or
political subdivision of a State; or
``(ii) on trust land owned by, or held in
trust for, a tribal organization.''; and
(B) in paragraph (2), by inserting ``tribal
organization,'' after ``of a State,''; and
(2) by adding at the end the following new subsection:
``(e) In this section, the terms `tribal organization' and `trust
land' have the meanings given those terms in section 3765 of this
title.''.
Passed the Senate March 7, 2022.
Attest:
Secretary.
117th CONGRESS
2d Session
S. 2089
_______________________________________________________________________
AN ACT
To amend title 38, United States Code, to ensure that grants provided
by the Secretary of Veterans Affairs for State veterans' cemeteries do
not restrict States from authorizing the interment of certain deceased
members of the reserve components of the Armed Forces in such
cemeteries, and for other purposes.